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(영문) 제주지방법원 2017.07.24 2016가단52288
물품대금
Text

1. The defendant is jointly and severally with the non-party C farming association corporation, D, E, F, and G to KRW 167 million for the plaintiff and the plaintiff on 2014.

Reasons

1. Basic facts

A. The Plaintiff is a merchant who collects and sells agricultural products under the trade name of “H,” and CF (hereinafter “agricultural partnership”) is an incorporated farming association established pursuant to Article 16(1) of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter “Agricultural and Fisheries Business Entities Act”) for the purpose of conducting projects, etc. pertaining to the group cultivation and joint management of agricultural, fishery, and forest products as a proxy, and E (representative), G (director), and F (auditor), and the Defendant is a member of the agricultural partnership.

B. On September 10, 2013, the Plaintiff: (a) at the request of D, the actual representative of the agricultural partnership, 200g, set up and supply 267 million won for the entry into the agricultural partnership; and (b) on the same day, received KRW 100 million as the advance payment for the goods from the agricultural partnership.

C. Although the Plaintiff delivered the above 200 captain, the farming association did not pay 167 million won for the remainder of the goods. On January 28, 2014, D, the real representative of the farming association, made a “written rejection of performance” (hereinafter “written rejection of performance of this case”) to the Plaintiff by June 30, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, 7, 8 (including virtual numbers), and the purport of the whole pleadings

2. Article 16(7) of the former Agricultural and Fisheries Business Entities Act (amended by Act No. 12961, Jan. 6, 2015) provides that the provisions pertaining to partnerships of the Civil Act concerning associations shall apply mutatis mutandis to farming associations, except as otherwise provided for in the foregoing Act, to the determination of the cause of the claim. If an obligation owed by an association is incurred due to an act that constitutes a commercial activity, then Article 57(1) of the Commercial Act to the obligation owed by the association, it shall apply Article

(See Supreme Court Decision 92Da30405 delivered on November 27, 1992). The above commodity price liability is attributable to a commercial activity of an agricultural partnership.

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