물품대금
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim against the defendant corresponding to that part is filed.
1. In the first instance trial, the Plaintiff claimed that “the Plaintiff shall jointly and severally pay the amount stated in the purport of the claim to the Plaintiff” (hereinafter “the instant farming association corporation”), C, E, F, and G from the Defendant and the co-defendant B of the first instance trial. The court of first instance recognized the interest rate for delay damages to be 15% and partly dismissed the claim, and accepted the remainder of the Plaintiff’s claim in addition to the dismissal of the claim.
As to this, the defendant and the co-defendant F of the first instance court appealed against each of the losing parts, and the plaintiff withdraws the lawsuit against the above F in the trial, the scope of the trial of this court is limited to the part against the defendant among the judgment of the first instance court.
2. The assertion and judgment
A. The Plaintiff’s assertion is obligated to pay 149,292,100 won to the Plaintiff. The above goods payment liability is that the instant agricultural partnership bears the burden of commercial activities for all members. Thus, the Defendant, who is a member, is also jointly and severally liable to pay the above goods payment with the instant agricultural partnership pursuant to Article 57(1) of the Commercial Act.
B. (1) In full view of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 3 (including the number of branch numbers), it is recognized that the plaintiff supplied the instant agricultural partnership with goods of KRW 247,392,100, such as crude and rice, etc. from December 24, 2014 to April 13, 2015. The instant agricultural partnership provided only KRW 125,100,000 among the above goods, and the remainder of KRW 149,292,100 (=247,392,100 - 12,510,000) was not paid.
According to the above facts, the farming association of this case is not only obligated to pay 149,292,100 won for the goods unpaid to the defendant and damages for delay.
(2) Furthermore, we examine whether the Defendant is jointly and severally liable to pay the unpaid amount of goods with the pertinent agricultural partnership.
. Matters concerning fostering and supporting agricultural and fisheries business entities;