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(영문) 수원지방법원 2017.01.12 2015나38238

물품대금

Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff’s claims against the Defendant (Appointed Party) and the appointed parties C, D, E, and F.

Reasons

1. The plaintiff's summary of the plaintiff's assertion is that the plaintiff produced and supplied the health food packaging paper from G farming association corporation, and around September 3, 201, he produced and supplied the health food packaging paper equivalent to KRW 15,169,220 to G farming association corporation. G farming association corporation only paid KRW 3,00,000 out of the above health food packing paper, and did not pay the remainder of KRW 12,169,220 to the plaintiff. Thus, in collaboration with G farming association corporation, the defendant and the selected persons C, D, E, and F (hereinafter collectively referred to as "the defendant, etc.") who are members of G farming association corporation, are jointly and severally liable to pay KRW 12,169,220 and delay damages to the plaintiff.

2. Therefore, according to the records in Gap evidence No. 3, G farming association is found to be a juristic person established on July 27, 2004 for the purpose of the business of agricultural product processing and joint work, etc., and Article 16 (Establishment of Agricultural Partnership and Fisheries Partnership) (1) of the Act regulating the legal relations with respect to agricultural partnership associations, which is alleged by the plaintiff to have produced and supplied health and food packaging paper to G farming association around September 3, 201, which is a legal provision regulating the legal relations with respect to agricultural partnership associations.

(1) An agricultural partnership which has registered its incorporation pursuant to Article 28 of the Framework Act on Agriculture, Rural Community and Food Industry as at the time this Act enters into force shall be deemed established as an agricultural partnership pursuant to Article 16 of this Act. < Amended by Act No. 9620, May 27, 2009>

Act on Fostering and Supporting Agricultural and Fisheries Enterprises (amended by Act No. 9956, Jan. 25, 2010).