물품대금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around December 2013, the Plaintiff’s summary of the Plaintiff’s assertion entered into a contract for goods supply to supply KRW 187,600,000, a total of KRW 3,350,000, and KRW 187,60,000 per kilogram (hereinafter “instant goods supply contract”), which is a director of the F Agricultural Partnership (hereinafter “F”), and the agent of the FF Partnership (hereinafter “F”), and supplies all of the said bean around January 7, 2014. < Amended by Act No. 12213, Jan. 7, 2014>
However, the provisions of a cooperative are applied mutatis mutandis to an agricultural partnership, and if the obligations of a cooperative under the Civil Act are the obligations of a cooperative member and the obligations of a cooperative are borne by an act of commercial activity for all the union members, joint and several liability of a cooperative member is recognized in accordance with
The Defendants are members of F, an agricultural partnership, and the instant goods supply contract constitutes a commercial activity for all members of F, and the Defendants are jointly and severally liable to pay 187,60,000 won to the Plaintiff according to the instant goods supply contract.
2. Determination
A. In fact, Article 16(7) of the former Act on Fostering and Supporting Agricultural and Fisheries Enterprises (amended by Act No. 12592, May 20, 2014; hereinafter “Agricultural and Fisheries Business Entities Act”) which was in force at the time of the conclusion of the instant goods supply contract provides that the provisions pertaining to partnerships under the Civil Act shall apply mutatis mutandis to a farming comprehensive corporation, except as otherwise provided for in the Agricultural and Fisheries Business Entities Act. According to the evidence No. 4, the Defendants’ entry in the statement of changes in stocks, etc. submitted by F to the head of the competent tax office as of 2012 is recognized.
B. The application of the judgment is, in principle, permissible within the extent that does not go against its nature. Article 16(3) of the Agricultural and Fisheries Business Act provides that an agricultural partnership shall be a juristic person, and a juristic person shall be the subject of direct rights and obligations with a separate character distinct from its constituent members. Thus, a partnership under the Civil Act shall belong to the subject of rights and obligations