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(영문) 대법원 2018.07.26 2017다6030
물품대금
Text

The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

Reasons

1. As to an agricultural partnership established under the former Act on Fostering and Supporting Agricultural and Fisheries Enterprises (amended by Act No. 12961, Jan. 6, 2015; hereinafter “former Agricultural and Fisheries Business Act”), the legal principles on partnerships under the Civil Act shall apply, except for those premised on the legal personality, unless otherwise provided for in the relevant Acts and subordinate statutes, such as the former Agricultural and Fisheries Business Act, etc. (Article 16(3) and (7) of the former Agricultural and Fisheries Business Act). However, in cases where a creditor of an agricultural partnership exercises his/her rights against a member, the legal principles on partnerships under the Civil Act shall apply because it is not specifically provided for in the former Agricultural and Fisheries Business Act, etc.

(2) In the event that a partnership’s obligation is a partner’s obligation, barring any special circumstance, a creditor of the partnership is entitled to claim reimbursement according to the share ratio or uniformly against each partner, barring any special circumstance. However, if a partnership’s obligation is to be borne by an act of commercial activity for all partners, it is reasonable to apply Article 57(1) of the Commercial Act to determine the joint and several liability of partners by applying Article 57(1) of the Commercial Act.

(2) On July 27, 2004, G farming association established pursuant to Article 15 of the former Framework Act on Agriculture and Rural Community (wholly amended by Act No. 8749, Dec. 21, 2007; the title of the title was changed to the Framework Act on Agriculture, Rural Community and Food Industry) on the grounds that the Defendant (Appointed Party) and the designated parties are members of the instant corporation, and the Plaintiff supplied the instant corporation with the packaging of health food around 201, but did not receive the payment.

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