2.C

3. D;

4. E.

5. F;

6. G.

7. H;

8.I

9.J

10. K;

21. From the date of service of the duplicate of the complaint of this case to the date of service of the duplicate of the complaint of this case, 5% per annum, and the next day to

12 Making each payment of the amount calculated at each ratio of 12%.

The following facts may be recognized as either of the parties to a dispute or as a whole by considering the overall purport of the pleading in each entry in Gap evidence 1 through 5 (including a serial number; hereinafter the same shall apply):

A. The defendants are members of LAF for the purpose of selling and exporting rice, rice, miscellaneous rice, etc.

B. From 2016, the Plaintiff entered into a supply contract to supply rice and miscellaneous rice to L farming partnerships (hereinafter “instant contract”). Under the instant contract, the Plaintiff supplied rice and miscellaneous rice until May 21, 2018, but the Defendant did not pay KRW 314,295,160 out of the sales proceeds under the instant contract.

2. Determination

A. The plaintiff's assertion

In accordance with Article 17(3) of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises that regulates the legal relations of the corporations of agricultural cooperatives, the liability of the members and associate members of the farming associations shall be limited to the amount of investment paid. Therefore, the Defendants are members of the associations that invested in the L farming association and are obligated to pay the debt charges of the L farming association according to the corresponding shares of the Defendant indicated in the attached Table.

B. Relevant statutes

The Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter referred to as the "Act on Fostering and Supporting Agricultural and Fisheries Enterprises") which regulates the legal relations of agricultural cooperatives, was amended by Act No. 12961 on January 6, 2015, and the main contents relating to this case are as follows:

Article 16 (Establishment of Incorporated Agricultural Associations Act and English Cooperatives Act) (1) 1 intending to enhance productivity through collaborative agricultural management and to jointly engage in agricultural products shipping, distribution, processing, exportation, tourism and recreational business in agricultural and fishing villages, etc., or an agricultural producers' organization (hereinafter referred to as "agricultural producers' organization") under Article 3 subparagraph 4 of the Framework Act on Agriculture, Rural Community and Food Industry may establish an incorporated association (person with the Agricultural Cooperatives Act) with at least five members, which is the first law enforcement date of the Agricultural Cooperatives Act, with the limit of 17 months following the enforcement date of the provisions of the Act on Agriculture and Fisheries, which shall be applicable to the first 6th anniversary of the enforcement date of the Act on Agriculture and Fisheries, which shall be the first 6th anniversary of the enforcement date of the provisions of the Act on Agriculture and Fisheries, which shall be the first 6th anniversary of the enforcement date of the Act on Agricultural Cooperatives.

C. Determination

1) Under the former Agricultural and Fisheries Business Entities Act (amended by Act No. 12961, Jan. 6, 2015) where a creditor of a farming partnership corporation did not have any special provision as to cases where he/she exercises his/her rights against a partner, the legal doctrine of a cooperative under the Civil Act is applied. The creditor of a farming partnership corporation was able to claim the performance of its obligations against each partner at the time of the occurrence of claims under Article 712 of the Civil Act.

However, with the amendment by Act No. 12961 on January 6, 2015, Article 17(3) of the Agricultural and Fishery Enterprises Act newly established a provision that the liability of a member of a cooperative to be a member of a cooperative to be a member of a cooperative to the extent of his/her contribution was paid under Article 17(3). The above provision applies even when the creditor of a cooperative to be a member of a cooperative to exercise his/her rights against the member of a cooperative to the extent of his/her contribution. As to the obligation incurred from July 7, 2015, which was after the enforcement of the above amendment, the member of the cooperative to be paid did not bear any liability for the creditor of the cooperative to the extent of his/her contribution. In other words, it is reasonable to view that the previous provision imposes any limited liability to the extent of his/her contribution.

However, pursuant to Article 16 (6) of the Agricultural and Fishery Enterprises Act, the Enforcement Decree of the same Act provides for matters necessary for the investment, etc. of an incorporated farming association. Members of an incorporated farming association are able to make a contribution in Dong land, cash, or in kind as prescribed by the articles of association (Article 10 (1)). An incorporated farming association shall include the methods of calculating the amount of contribution in its articles of association and the maximum limit of the amount of contribution that can be made by one member (Article 12 (1)). In the case of an incorporated farming association, the total number of contributions and the total amount of contributions made at the time of its registration of incorporation cannot be assumed as partial performance of the obligations of an incorporated farming association. Accordingly, a member of the incorporated farming association shall be held liable to the extent of the amount actually invested in the obligations of the incorporated farming association. Accordingly, a creditor of the incorporated farming association may demand the Defendants to make an additional claim against the pertinent incorporated farming association association, which is a violation of the aforementioned provisions, within the scope of its obligations at the time of its establishment.

3. Conclusion

Therefore, all of the claims against the Defendants by the Plaintiff are dismissed. It is so decided as per Disposition.

Judges Nam-dok-in

Judge Sponsorary Decree