물품대금
1. The part of the judgment of the court of first instance against the Defendants shall be revoked.
2. All of the Plaintiff’s claims against the Defendants.
1. The reasons why the court should explain this part of the facts of recognition are as stated in the corresponding part of the judgment of the court of first instance, except that the court's "this court" in Part 5 of Part 3 of the judgment of the court of first instance is deemed to be "Seoul District Court's High Court's High Court's High Court's High Court's High Court's High Court".
2. Determination as to the cause of action
A. The Plaintiff’s alleged liability is recognized by applying Article 57(1) of the Commercial Act, if the Plaintiff’s alleged liability is a partner’s obligation and the partnership’s obligation is borne by the act of commercial activity for all the union members.
Meanwhile, since the provisions of the Civil Act apply mutatis mutandis to the agricultural partnership, the same as the non-party corporation, the Defendants, the members of the association, are jointly and severally liable to pay the Plaintiff the amount of the instant goods purchased through commercial activities.
B. Article 15(2) of the Framework Act on Agriculture and Rural Community provides that “A farming association corporation shall be a juristic person, and shall be established by registering its establishment at the seat of its principal office.” Article 15(8) provides that “In addition to the matters prescribed by this Act concerning farming associations, the provisions concerning associations in the Civil Act shall apply mutatis mutandis.”
In light of the fact that the application of the provision on partnership to an association to an association under the above Act is not contrary to its nature, and the most significant reason to regard a partnership's obligation as a partner under the Civil Act is that a partnership is merely merely a contract between its members under the Civil Act, but is not a subject to the ownership of rights and obligations, and therefore, only its members can become the subject of the ownership of rights and obligations in legal relations surrounding a partnership. In light of the above, the legal principle that a partnership's obligation is "the obligation of a union member" is a person separate from a union member, and is an independent subject of the rights