1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the defendant adds the following “2. Additional Judgment” as to the assertion added by this court. Thus, it is accepted in accordance with the main sentence of Article 420 of the

2. Additional determination

A. The Defendant’s assertion that Article 16(8) of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter “Agricultural and Fisheries Business Entities Act”) requires that Article 16(8) of the Civil Act shall apply mutatis mutandis to fisheries partnerships, except as otherwise provided for in the above Act.

However, the application mutatis mutandis should be permitted only to the extent that is not contrary to its nature. Thus, unless there is a separate express provision such as Article 212 of the Commercial Act, Article 712 of the Civil Act that reverts the obligation of a cooperative to an individual of a member among the provisions related to a cooperative under the Civil Act does not apply mutatis mutandis to the legal relationship of a fisheries cooperative which

B. In accordance with Article 16(8) of the Agricultural and Fisheries Business Entities Act, Article 712 of the Civil Act, and Article 57(1) of the Commercial Act, the Defendant, a member of the fishery partnership corporation, shall be deemed jointly and severally liable for the said obligations of the fishery partnership corporation.

The reasons are as follows.

(1) The contribution made by the partners and the other property of the partnership shall belong to the partnership members (Article 704 of the Civil Act); unlike the partnership, the partnership's obligations shall belong to the partnership members, as it is not the subject of attribution of independent rights and obligations.

The partnership's property is held liable for the partnership's obligations, but the partnership's obligations are all the obligations of each union member, so each union member shall be held liable for each individual's property either in proportion to the apportionment of losses or in equal shares.

(Article 711 and Article 712 of the Civil Act. However, if a partnership obligation arises from commercial activities for all members as in this case, the partners have joint liability pursuant to Article 57 (1) of the Commercial Act.