Even if an agricultural cooperative transfers a Do government factory, the cooperative does not have a duty to prohibit competitive business under Article 41 of the Commercial Act against the transferee.

Even if an agricultural cooperative transferred a Do government factory, it does not have a duty to prohibit competitive business under Article 41 of the Commercial Act to the transferee.

Article 41 of the Commercial Act, Article 5 of the Agricultural Cooperatives Act

Plaintiff

Yangyang Agricultural Cooperatives

Seoul High Court Decision 68Na602 delivered on June 26, 1968

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

According to the facts established by the original judgment, the plaintiff's ground of appeal by the plaintiff's legal representative is that he sells the building and whole facility of the above 100,000 won to the defendant on June 4, 1966 when he was engaged in the gambling business at his domicile with the trade name of 00,000 won, and then purchases and operates it again at the same amount. The defendant is conducting the business at around July 1967, the business transfer provisions of the Commercial Act can not be applied where the transferor is not a merchant, and under Article 5 (2) of the Agricultural Cooperatives Act, the association cannot be deemed a merchant of the same association because it is impossible to conduct the business for profit or speculative business. Accordingly, even if the association transferred the Doridong factory, the association does not have a duty to prohibit the competitive business pursuant to Article 41 of the Commercial Act against the transferee, so even if the defendant actually engages in the business act as in the theory of the theory of the theory of the theory of the opinion, the plaintiff's claim against the defendant is justified.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

[Judgment of the Supreme Court (Presiding Judge) Dog-Jak Kim Gyeong-ri, Kim & Kim