매매대금
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
The grounds of appeal are examined.
1. Whether the provision on the restriction on counterpart to an agricultural cooperative loan is a mandatory provision and its validity (the grounds of appeal as to the plaintiff's primary claim)
A. According to Articles 57(2) and 112 of the Agricultural Cooperatives Act, an agricultural cooperative may borrow funds only from the State, public organizations, the National Federation, the Nonghyup Group, and its subsidiaries, Nonghyup Bank, or Nonghyup Life Insurance to achieve its business objectives, and may not borrow funds from other institutions or individuals.
(A) The Agricultural Cooperatives Act was enacted in order to improve the quality of life of farmers by improving the economic, social, and cultural status of farmers and strengthening the agricultural competitiveness. However, the Agricultural Cooperatives Act was enacted in order to enhance the quality of life of farmers by enhancing the economic, social, and cultural status of farmers, as it was revised by Act No. 10522 on March 31, 2011.
(1) The above provision strictly limits the counterpart to the borrowing of an agricultural cooperative is to prevent unjust infiltration of external capital by reflecting the purpose of this Act and ultimately to ensure the financial soundness of the agricultural cooperative, which is an independent cooperative organization of farmers.
In light of this purport, the above provision is null and void as a mandatory law.
If an agricultural cooperative, by guaranteeing another person's debt, has actually borne a debt in accordance with a loan to a third party, not an institution prescribed in the above provision, such an act is also null and void due to a violation of the mandatory law.
(See Supreme Court Decision 2004Da35410 Decided November 25, 2004; Supreme Court Decision 2009Da96731 Decided April 29, 2010, etc.) B.
For the following reasons, the lower court bears the secondary obligation of the Defendant, among agricultural cooperatives, to purchase products of this case in accordance with the product sales contract of this case.