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(영문) 제주지방법원 2016.05.17 2015가단53161
물품대금
Text

1. The Defendants jointly and severally with CFF and jointly with the Plaintiff as to KRW 175,314,740 and its amount from August 19, 2015.

Reasons

1. Basic facts

A. C fishery partnership corporation (hereinafter “instant corporation”) is a fishery partnership corporation to which the Act on Fostering and Supporting Agricultural and Fisheries Business Entities applies (hereinafter “Agricultural and Fisheries Business Entities Act”), which is established for the purpose of running a fishery business and any incidental business thereof. The Defendants are members of the instant corporation, who are in charge of the duties of representative director or auditor.

B. The instant corporation supplied the Plaintiff with the feed for fish farming from November 2009 to June 30, 2014, and paid some of the price to the Plaintiff, and did not pay 175,314,740 won in the balance of the price for goods from January 23, 2015.

【Ground of recognition】 Facts without dispute, Gap’s evidence Nos. 1 through 3, Gap’s evidence No. 5-1 through 7, and purport of the whole pleadings

2. Article 16(3) and (8) of the Agricultural and Fisheries Business Entities Act provides that a fisheries partnership shall be a corporation, but the Civil Act shall apply mutatis mutandis to a fisheries partnership except as otherwise provided for in the Agricultural and Fisheries Business Entities Act. Thus, the legal doctrine on a partnership among the Civil Act shall apply to a corporation of this case subject to the Agricultural and Fisheries Business Entities Act, unless otherwise provided for in the Agricultural and Fisheries Enterprises Act.

In addition, it is reasonable to authorize the joint liability of the union members pursuant to Article 57 (1) of the Commercial Act, if the obligations of the union have arisen from the conduct of commercial activities for all members.

(2) In light of the aforementioned provisions and legal principles, the Defendant, a member of the instant corporation, is jointly and severally liable for the remainder of the goods price to the Plaintiff, barring any special circumstance, inasmuch as the Defendants, who are members of the instant corporation, are jointly and severally liable for the remainder of the goods price to the Plaintiff with the instant corporation, in light of the aforementioned provisions and legal principles.

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