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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. Article 16 of the former Act on Fostering and Supporting Agricultural and Fisheries Enterprises (amended by Act No. 12961, Nov. 23, 2009; hereinafter “former Act on Fostering and Supporting Agricultural and Fisheries Enterprises”) of the J Agricultural and Fisheries Corporation (hereinafter “foreign farming and fisheries corporation”) is a corporation established for the purpose of business management and incidental business, etc. concerning mountain mountain ginseng on Nov. 23, 2009; the Defendant is a director of the said corporation on Feb. 14, 2011; and the representative director of the said corporation on Mar. 7, 2014.
B. On January 10, 2013, the Plaintiff received a certificate of borrowing that “the Plaintiff shall pay KRW 20 million to the non-party corporation by February 20, 2013” from the non-party corporation on the same day, with respect to the business of developing goods, warehouses, electric source housing sites, etc. to the non-party corporation and the non-party corporation purchased on the non-party corporation and 3 lots of land, and the Plaintiff shall invest KRW 20 million in the non-party corporation. The Plaintiff entered into a business agreement with the non-party corporation to pay KRW 40 million to the Plaintiff by February 20, 2013.
C. On July 16, 2014, the Plaintiff filed a lawsuit claiming the amount of KRW 40 million against Nonparty Corporation (Seoul Southern District Court 2014Da18036) and was sentenced to a favorable judgment in favor of the Plaintiff on the following: (a) 40 million from February 21, 2013 to June 17, 2014; and (b) 5% per annum from the next day to the day of full payment; and (c) 20% per annum from the next day to the day of full payment. The above judgment became final and conclusive on August 9, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings
2. The former Act on Agricultural and Fisheries Enterprises provides that an agricultural partnership shall be a juristic person pursuant to Article 16(3). However, Article 16(7) provides that an agricultural partnership shall be deemed a juristic person.