1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the following facts: Gap evidence 1-1-2, 5, Gap evidence 4-1-3, Gap evidence 5, Gap evidence 6, part of Gap evidence 6, and whole purport of pleadings.

C On June 7, 2011, the Co., Ltd. (hereinafter referred to as the “C”) concluded a joint development agreement on real estate land development (hereinafter referred to as the “instant joint development agreement”) with respect to the development projects for the hostile E, F, and G land owned by the Defendant, etc. (hereinafter referred to as “each of the instant land”).

B. On August 22, 2011, C drafted a notarial deed of a debt repayment contract with the purport of borrowing KRW 500 million from the Plaintiff and repaying KRW 517 million to the Plaintiff by February 29, 2012.

C. C’s representative director D is the birth of the Defendant’s private village.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was the Defendant, etc. and C entered into the association agreement regarding the promotion of the instant project, and C borrowed the above KRW 500 million from the Plaintiff as a commercial activity to execute the business affairs of the Defendant, etc.

Therefore, the defendant is jointly and severally liable to pay the plaintiff the unpaid amount of KRW 487,284,123 and the delay damages.

B. 1) Determination 1) The Civil Act’s association agreement is a contract under which two or more persons mutually invest to jointly operate a business, and the agreement is limited to the agreement which jointly runs a specific business, and the degree of common achievement of a common purpose cannot be deemed as satisfying the requirements for establishment of the association (see, e.g., Supreme Court Decision 2009Da79729, Feb. 11, 2010). If an association’s obligation is particularly incurred due to an act which is a commercial activity for all members, it is reasonable to determine jointly and severally liable for partners by applying Article 57(1) of the Commercial Act (see, e.g., Supreme Court Decision 97Da6919, Mar. 13, 198