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(영문) 의정부지방법원고양지원 2015.06.03 2014가단23303
물품대금
Text

1. Defendants B, C, D, F, and G are jointly and severally with I agricultural partnership corporations for KRW 21,026,700 and the Plaintiff on January 23, 2015.

Reasons

1. Facts of recognition;

A. The I Agricultural Partnership (hereinafter “Non-Party Agricultural Partnership”) was established on January 20, 2003 as the name of J Agricultural Partnership on January 24, 201 pursuant to Article 15 of the Framework Act on Agriculture and Rural Community for the purpose of joint production and distribution of livestock products, wholesale and retail of food materials for agricultural and livestock products, etc., and was changed to the current name on January 24, 2014.

B. From December 2010 to November 16, 2012, the Plaintiff, who operates the china in the mutual name of “K,” supplied the disturbance to the non-party corporation. The Plaintiff did not receive KRW 21,026,700 out of the price.

C. The Plaintiff filed a lawsuit seeking payment of KRW 21,026,700 against Nonparty Corporation as this Court Decision 2013Da3036, and was sentenced to a favorable judgment on June 13, 2013, and the said judgment became final and conclusive on July 3, 2013.

Defendant B, C, D, F, and G are above the Plaintiff.

As stated in paragraph (1), the non-party corporation was a member of the non-party corporation at the time of providing the disturbance.

[Reasons for Recognition] Contents Gap's evidence Nos. 1 through 6, results of the order to submit taxation information to the head of Seodaemun Tax Office of this Court, the purport of the whole pleadings

2. Determination

A. According to the Act on Fostering and Supporting Agricultural and Fisheries Business Entities for Defendant B, C, D, F, and G, an agricultural partnership shall be a legal entity, and the provisions regarding partnership in the Civil Act shall apply mutatis mutandis to an agricultural partnership, except as otherwise provided for in the above Act.

(Article 16(3) and (7). An agricultural partnership shall be deemed to have been granted a legal entity for the purposes of rationalizing its partnership or agricultural management, improving its agricultural productivity, and increasing the farm income through joint shipment, distribution, processing, export, etc. of agricultural products.

Therefore, the legal principles on partnership shall apply to non-party corporations which are incorporated farming associations, except for those premised on the existence of legal personality.

The creditors of an association, as the obligations of an association under the Civil Act, shall, unless there are special circumstances, claim for repayment at the ratio of shares to each member.

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