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(영문) 대구고등법원 2017.09.27 2017나20259
추심금
Text

1. The Plaintiff’s appeal against Defendant B, C, D, E, and F and the appeal against Defendant A agricultural partnership, G, and H are all filed.

Reasons

1. The reason why this court's explanation is the same as the part of "1. Basic Facts" of the judgment of the court of first instance, and thus, it is citing it by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. According to the facts acknowledged earlier, barring any special circumstance, Defendant farming association corporation, G, and H’s claim 1) is obligated to collect I’s claim for goods payment. Defendant farming association corporation is obligated to pay the collection amount of KRW 49,728,00,00; Defendant G is obligated to pay the collection amount of KRW 55,378,860; Defendant H is obligated to pay the collection amount of KRW 53,326,110; Defendant H is obligated to pay the collection amount of KRW 50,000; Defendant G is in excess of the collection amount of KRW 56,00,000; and Defendant H is seeking each payment of KRW 54,00,000,000 to Defendant H; however, the Plaintiff’s claim for this part of this case is without merit, as there is no evidence to prove that the claim against the said Defendants exceeds the amount recognized above.

B. The Plaintiff claims against Defendant B, C, D, E, and F. As the provisions of the Civil Act apply mutatis mutandis to the agricultural partnership, the Plaintiff asserts that Defendant B, C, D, E, and F, a member of the Defendant farming partnership, are jointly and severally liable to repay the collection amount to the Plaintiff. (2) Article 16 (Establishment of Agricultural and Fisheries Business Entities Act) of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (i.e., the Act on Fostering and Supporting Agricultural and Fisheries Enterprises) of the relevant provisions (i.e., the Act on Fostering and Supporting Agricultural and Fisheries Enterprises) ① Farmers who intend to enhance productivity through collaborative agricultural management and jointly carry out agricultural products shipping, distributing, processing, exporting agricultural products, agricultural and fishery tourism and resort business, or a producers’ organization related to agriculture (hereinafter “agricultural producers’ organization”) under Article 3 subparagraph 4 of the Framework Act on Agriculture, Rural Community and Food Industry (hereinafter

(3) An agricultural partnership or a fisheries partnership shall be a juristic person, at the seat of its principal office.

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