사육비
1. The judgment of the court of first instance is modified as follows.
The Defendants are jointly and severally liable to the Plaintiff for 37,235,000 won.
1. Facts of recognition;
A. On October 12, 2007, I agricultural partnership (hereinafter “the corporation of this case”) was established pursuant to Article 15 of the former Framework Act on Agriculture and Rural Community (amended by Act No. 8749 of Dec. 21, 2007) for the purpose of mass farming business, joint shipment, distribution, processing, export, and hatchery business, etc.
B. On October 6, 2011, the instant corporation entrusted the Plaintiff with the raising of Catia 39,100 mari, and the Plaintiff raised this and supplied Catri 36,986 mari on January 17, 2012 to the instant corporation.
In return for consignment raising, the instant corporation issued the Plaintiff with a face value of KRW 37,235,00 per share, but the check was in default.
C. On November 3, 2015, the Plaintiff filed a lawsuit against the instant legal entity seeking payment of KRW 37,235,000 for the above breeding cost as the Jeonju District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2015Ka12, and was sentenced to a full winning judgment on November 3, 2015, and the said judgment was finalized on November 21, 2015.
The Defendants were members of the instant legal entity during the period of consignment raising.
[Grounds for recognition as Defendant C and D] Article 208(3)3 (a) of the Civil Procedure Act / [based on recognition as Defendant G and F] Article 208(3)2 (a) of the Civil Procedure Act / [based on recognition as Defendant E and H] Article 208(3)2 (a) of the Civil Procedure Act / [based on recognition as Defendant E and H], each entry in subparagraphs 1 through 3 (including each number), and the purport of the entire pleadings
2. Determination
A. Article 16 of the former Act on Fostering and Supporting Agricultural and Fisheries Business Entities (amended by Act No. 12961, Jan. 6, 2015; hereinafter “former Agricultural and Fisheries Business Entities Act”) provides that farmers, etc. who intend to enhance productivity through collaborative agricultural management and jointly carry, distribute, process, export, etc. agricultural products may establish an agricultural partnership with five or more members, and the agricultural partnership under paragraphs (3) and (7) is a corporation.