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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. Determination as to the cause of claim
A. In full view of the facts acknowledged, Gap evidence Nos. 2 through 9, Eul evidence Nos. 4 (including serial numbers), and the fact-finding results with respect to Eul corporation of the first instance court, the defendant was awarded a contract for "D construction work" ordered by the Busan Metropolitan City Construction Headquarters as a joint contractor with the Busan Metropolitan City Construction Headquarters (hereinafter referred to as "C") by a joint contractor with the method of joint performance (Article 51: defendant 49). The site director Eul, the contractor of the Busan Metropolitan City Construction Headquarters, the contractor of the contract, entered into a contract for the supply of ready-mixed as necessary for the above construction with the F Cooperatives, and the above union allocated a certain amount of ready-mixed to ready-mixed supplier, such as the plaintiff, etc., and this agreement is a part of the quantity other than the above supply contract.
After that, the Plaintiff requested the supply of ready-mixed, and accordingly, the Plaintiff supplied ready-mixed equivalent to KRW 11,355,740 in total from April 20, 2018 to May 17, 2018; and C paid KRW 5,757,840 in total to the Plaintiff.
B. A joint venture in the way of a joint venture is basically in the nature of a partnership under the Civil Act, and, in the event that the partnership's obligations are borne by acts which constitute commercial activities for all members, members shall be jointly and severally liable pursuant to Article 57 (1) of the Commercial Act. However, the case where a joint venture agrees to have each member, other than a joint venture, bear the obligation directly to the subcontractor according to their share ratio when a joint venture enters into a subcontract, such a joint venture may belong to each member of a joint venture in accordance with the contents of the subcontract, as the joint venture,
(See Supreme Court Decision 2011Da97898 Decided March 28, 2013). C.
Judgment
In light of the above legal principles, joint contractors are examined.