Plaintiff

Defendant 1 and six others

May 13, 2015

1. Defendants 1, 2, 3 (Defendant 1), 5, and 6 shall jointly and severally pay the Plaintiff 21,026,700 won and 20% interest per annum from January 23, 2015 to the date of full payment.

2. The plaintiff's claim against the defendant 4 and 7 is dismissed.

3. Of the costs of lawsuit, the part arising between the Plaintiff, Defendant 1, Defendant 2, Defendant 3, Defendant 5, and Defendant 6 is borne by the said Defendants, and the part arising between the Plaintiff, Defendant 4, and Defendant 7 is borne by the Plaintiff.

4. Paragraph 1 can be provisionally executed.

The Defendants jointly and severally pay to the Plaintiff 21,026,700 won with 20% interest per annum from the day following the day of final delivery of the copy of the instant complaint to the day of full payment.

1. Facts of recognition;

A. An agricultural partnership, the future of which is a farming association corporation (hereinafter referred to as “foreign corporation”), was established on January 20, 2003 under the name of the farming association corporation, which was established for the purpose of joint production and distribution of livestock products, wholesale and retail of food materials for agricultural and livestock products, etc., and was changed to the current name on January 24, 2014.

B. In the trade name of “○ farm”, the Plaintiff, who operates a fish farm, supplied eggs to the non-party corporation from December 2, 2010 to November 16, 2012, and was not paid KRW 21,026,700 out of the price.

C. On June 13, 2013, the Plaintiff filed a lawsuit seeking payment of KRW 21,026,700 against the non-party legal entity as set forth in this Court Order 2013da3036, and was sentenced to a favorable judgment on June 13, 2013, and the said judgment became final and conclusive on July 3, 2013.

D. Defendants 1, 2, 3, 5, and 6 were members of the non-party legal entity at the time when the Plaintiff supplied the disturbance to the non-party legal entity as in the foregoing paragraph (b).

[Reasons for Recognition] Contents Gap's evidence Nos. 1 through 6, results of the order to submit taxation information to the head of Seodaemun Tax Office of this Court, the purport of the whole pleadings

2. Determination

A. As to Defendants 1, 2, 3, 5, and 6

According to the Act on Fostering and Supporting Agricultural and Fisheries Enterprises, an agricultural partnership shall be a juristic person, and the provisions concerning partnership in the Civil Act shall apply mutatis mutandis to an agricultural partnership except as otherwise provided for in the above Act (Article 16(3) and (7)). It is reasonable to view that an agricultural partnership has been granted a juristic person for the purposes of rationalizing agricultural business, improving agricultural productivity, and increasing farm income through the joint shipment, distribution, processing, export, etc. of agricultural products. Therefore, the legal principles concerning partnership shall apply to a non-party juristic person, which is an agricultural partnership, except as premised on the existence of a juristic person.

The obligations of a cooperative under the Civil Act are the obligations of a cooperative member, barring special circumstances, the creditors of the cooperative are entitled to claim repayment at the ratio of shares to each member or equally. However, if the obligations of the cooperative are particularly borne by the act of commercial activity for all the members, it is reasonable to apply Article 57(1) of the Commercial Act to determine whether the joint and several liability of the union members is jointly and severally liable (see Supreme Court Decision 97Da6919, Mar. 13, 1998). The above goods payment obligations against the Plaintiff of the non-party corporation are deemed to have been borne by the act of commercial activity for all the Defendant 1, 2, 3, 5, and 6, who are the members of the non-party corporation. Therefore, the above Defendants are jointly and severally liable with the non-party corporation and the Plaintiff at the rate of 21,026,700 won and damages for delay calculated at the rate of 20% per annum from January 23, 2015 to the date of the final delivery of the complaint.

B. As to Defendant 4 and Defendant 7

No evidence exists to acknowledge that the above Defendants were members of the non-party corporation at the time when the Defendants supplied the disturbance to the non-party corporation as in paragraph (1) b, and there is no other ground to recognize the above Defendants’ liability. Therefore, the Plaintiff’s claim against the

3. Conclusion

The plaintiff's claim against the defendant 1, 2, 3, 5, and 6 against the defendant 1, 2, 3, 5, and 6 shall be accepted for reasonable grounds, and the plaintiff's claim against the defendant 4, and 7 shall be dismissed

Judges Kim Jong-young