Hello, this is Attorney Park Jong-han from Cheongchul Law Firm.

In cases where members of a partnership jointly commit illegal acts under civil law, the members are jointly liable as joint tortfeasors, and the legal nature of that liability corresponds to what is known as "quasi-joint liability. "Quasi-joint liability" refers to a legal relationship among multiple parties where each debtor independently has an obligation to fully perform towards the creditor regarding the same content of the obligation, enhancing the creditor's position compared to joint liability. The creditor can demand performance from any of the debtors within the scope of the obligation, and unless it is for reasons like payment, which can be considered as satisfying the creditor’s claim against one debtor, other debtors are not liable.

In the case of a joint venture, since its legal nature is also considered a partnership under civil law, if the joint venture commits joint illegal acts, it is necessary to examine whether they bear quasi-joint liability. Additionally, if some members of the joint venture have paid beyond their share burdens to secure a common release and acquire a right of recourse, one needs to consider the relationship between these creditors and the remaining members.

[Question]

Quasi-joint liability among joint tortfeasors of a joint venture

[Answer]

Since a joint venture corresponds to a partnership under civil law, if the joint venture commits illegal acts during the execution of a contract, the members of the joint venture shall be jointly liable as joint tortfeasors, and the legal nature of that responsibility corresponds to quasi-joint liability (refer to the Supreme Court ruling on December 12, 2000, case number 99Da49620).

Within the relationship among multiple responsible parties under this quasi-joint liability, there may be certain burdens based on the principle of equity, and these burdens are determined based on each party's intent and negligence. If one of the quasi-joint debtors pays beyond their share, they can exercise a right of recourse proportionate to that burden against other quasi-joint debtors (refer to the Supreme Court ruling on January 27, 2006, case number 2005Da19378).

When there are multiple joint tortfeasors for whom another joint tortfeasor bears the obligation of recourse, unless there are special circumstances, the obligations towards their recourse creditor are appropriately viewed as divisible obligations according to each party's burden. However, if the recourse creditor among the joint tortfeasors has no fault, that is, in the absence of any internal burden, the obligations of multiple recourse obligors must be perceived as a quasi-joint relationship (refer to the Supreme Court ruling on March 15, 2012, case number 2011Da52727).

The legal principles regarding joint tort liability as described above apply not only among members of a joint venture but also when the joint venture and the State are jointly liable for torts against a third party.

Thus, we briefly examined the quasi-joint liability relationship in the case of joint torts committed by a joint venture. Since the laws related to national contracts and public procurement are very complex and often revised, it is necessary to be knowledgeable about them and to have experience in these matters, as well as being familiar with not only court rulings but also the administrative agency’s interpretations and cases. Therefore, I recommend seeking the assistance of Attorney Park Jong-han, who possesses expertise in national contract laws and experience in resolving various disputes related to national contracts and procurement.

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