logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.01.24 2018나8269
물품대금
Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The total cost of the lawsuit after the appeal is filed.

Reasons

1. Facts of recognition;

A. G farming association corporation (hereinafter “instant corporation”) was established on July 27, 2004 under Article 15 of the former Framework Act on Agriculture and Rural Community (wholly amended by Act No. 8749, Dec. 21, 2007; before expulsion was changed to the Framework Act on Agriculture, Rural Community and Food Industry).

B. Around August 2011, the Plaintiff received request from the instant corporation for the manufacture of the health food packaging paper, and around August 201, manufactured and supplied the health food packaging paper of KRW 15,169,220 (including value-added tax; hereinafter the same shall apply) to the said corporation (hereinafter “instant product”).

C. However, around August 24, 2011, the instant corporation paid only three million won out of the instant goods price, and did not pay the remainder.

Accordingly, the Plaintiff filed an application against the instant legal entity for a payment order for the purchase price of goods with the Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Order 2012, and the said court notified the Plaintiff of the payment order on July 11, 2012 that “The instant legal entity would pay KRW 12,169,220 to the Plaintiff and any delay damages and expenses incurred in demanding the payment.” The said payment order was finalized on July 28, 2012.

E. The Defendant (Appointed Party) and other designated parties are members of the instant legal entity.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 8, witness of the party concerned, H, I's testimony, the purport of the whole pleadings

2. Determination

A. As to the cause of the claim, the legal doctrine on partnerships under the Civil Act shall apply unless otherwise provided for in the former Act on Fostering and Supporting Agricultural and Fisheries Enterprises (amended by Act No. 12961, Jan. 6, 2015; hereinafter “former Agricultural and Fisheries Enterprises Act”) and other relevant Acts and subordinate statutes such as the former Agricultural and Fisheries Enterprises Act, except for those premised on the legal personality (Article 16(3) and (7) of the former Agricultural and Fisheries Enterprises Act). However, in cases where a creditor of an agricultural partnership exercises his/her rights against a member, the former Agricultural and Fisheries Enterprises Act shall apply.

arrow