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 the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the judgment on the Defendant’s assertion is added under paragraph (2) below, and thus, it is acceptable as it is

2. Additional determination

A. The Defendant’s assertion 1) Article 47(1) of the Agricultural Cooperatives Act (hereinafter “Agricultural Cooperatives Act”) and Article 47(1) of the Articles of Incorporation provide that “When a joint business corporation (hereinafter “corporation”) enters into a contract with a representative director or director, the auditor shall represent the corporation.”

In light of the above provisions, even in the case of self-transaction under Article 52 (6) of the Agricultural Cooperatives Act, it is clear that the representative of the defendant is not the representative director but the auditor. Thus, the agricultural product supply contract of this case and the consent of this case on behalf of the defendant C is null and void as a non-representative act.

B) Article 112-11(1) of the Agricultural Cooperatives Act does not apply mutatis mutandis to the duties of executive officers, and Article 46 of the Act on the Duties, etc. of Executive Officers applies to the duties of the defendant. Under Article 64 of the Civil Act, there is no representative authority, and if there is no special representative authority, a director shall be appointed with respect to the matters that conflict with the interests of the corporation and executive officers. Thus, the contract for the supply of agricultural products and the consent of this case on behalf of the defendant with respect to the matters that conflict with the defendant's interest with the defendant is null and void as an act of unauthorized representation. 2) Article 112-11(1) and 35(1)7 of the Agricultural Cooperatives Act and Article 35(1)7 of the Articles of Incorporation of the defendant shall be deemed null and void as an act without the resolution of the general meeting under the Agricultural Cooperatives Act.