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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who carries on the business of raising and duplicating ducks, and the non-party C corporation (hereinafter “foreign corporation”) is an incorporated farming association established pursuant to the Act on Fostering and Supporting Agricultural and Fisheries Enterprises.
B. From May 22, 2010 to January 31, 2012, the Plaintiff lent KRW 745,057,025 in total to the non-party corporation as the establishment fund and operating fund. Of them, the Plaintiff was repaid KRW 597,120,733.
B. Defendant A is a person who served as the representative director of the non-party corporation from June 25, 2010 to October 3, 2012, and Defendant B is a deceased D’s heir who served as a director of the non-party corporation from June 25, 2010 to October 25, 2012.
C. The inheritance shares of Defendant B are 2/5.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. According to Article 16(7) of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities’ Claim and Article 712 of the Civil Act, the obligations of the non-party corporation, which is the partnership, are obligations of the union members. As such, the obligations of the non-party corporation, which were the partnership members, have been borne by the act of engaging in commercial activities for all the union members, Defendant A and D, who were the union members, are jointly obligated to repay the remaining loans 1
Therefore, Defendant A is jointly and severally liable to pay the above KRW 147,936,292, and Defendant B is jointly and severally liable with Defendant A an amount equivalent to KRW 59,174,516, and damages for delay on each said money.
3. Article 16(7) of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (wholly amended by Act No. 12961, Jan. 6, 2015) that was in force at the time when the non-party corporation was established and borrowed money from the Plaintiff (wholly amended by Act No. 12961, Jan. 6, 2015) provides that “Except as otherwise provided for in this Act, the provisions concerning associations in the
However, the application is in principle permitted to the extent that it does not go against its nature.