임금 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for addition of the following determination matters, thereby citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Article 16(7) of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (amended by Act No. 11093, Nov. 22, 2011; hereinafter “Agricultural and Fisheries Business Entities Act”) that had been in force at the time when the Plaintiff retired from the pertinent corporation provides that the provisions concerning 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, and Article 16(3) of the same Act provides that an agricultural partnership shall be a corporation.
The purpose of the Act on Agricultural and Fisheries Enterprises to recognize the legal capacity of an agricultural partnership with the nature of a partnership as a juristic person is to promote stability in agricultural management and to promote efficiency in the management of agricultural and fisheries enterprises by recognizing the legal personality of an association with no external capacity of rights and obligations.
Based on the provisions and legislative intent of the above Act on Agricultural and Fisheries Enterprises, in view of the fact that a cooperative is not the subject of attribution of rights and obligations under the Civil Act, and therefore, in legal relations related to a cooperative, only the association member can be the subject of attribution of rights and obligations, and thus, the association's obligations should be deemed to be borne only by the juristic person, unless otherwise expressly stipulated provisions, unless the association members recognize the capacity of rights and obligations to the association association under the Act on Agricultural and Fisheries Enterprises, and it is difficult to view that an individual bears the obligations of the association
Therefore, it can be seen that the Defendant, a member of the instant corporation, is responsible for the repayment of the Plaintiff’s debt to the Plaintiff.