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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. An agricultural partnership is established on November 10, 2004 for the purpose of shipping, distributing, and supplying eggs, and the Defendants are its members.
B. On April 2015, the Plaintiff filed a lawsuit against the said farming association corporation seeking payment of KRW 24,93,950 for the goods of KRW 24,93,950 (Seoul District Court Southern District Court Branch 2015dan1100) as the Plaintiff operated the Yang Chang-gun’s History and supplied eggs to the farming association corporation.
C. On August 12, 2015, a judgment accepting all the Plaintiff’s claims (hereinafter “instant judgment”) was rendered on August 12, 2015, and the said judgment became final and conclusive on September 3, 2015.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Article 57(1) of the Commercial Act provides that the provisions of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter “Agricultural and Fisheries Business Entities Act”) shall apply mutatis mutandis to agricultural partnership corporations, such as agricultural partnership corporations. If partnership obligations are to be borne by acts that constitute commercial activities for all the union members, joint and several liability of the union members is recognized pursuant to Article 57(1) of the Commercial Act. Thus, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of goods determined by the judgment and damages for delay.
3. Determination
A. In addition to the statement in Gap evidence No. 1, it is recognized that the farming cooperative agreed to pay KRW 24,993,950 to the plaintiff by the end of May 2015, as the whole, around April 3, 2015, the amount of goods unpaid to the plaintiff by the farming cooperative.
B. Article 16(7) of the former Act on Fostering and Supporting Agricultural and Fisheries Enterprises (amended by Act No. 12961, Jan. 6, 2015) that had been in force at the time of the said payment agreement (amended by Act No. 12961, Jan. 6, 2015) provides for “agricultural and fisheries