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1. The plaintiff. The defendant B shall be jointly and severally with the plaintiff 40,232,90 won and the defendant B shall be jointly and severally with the above 40,232,90 won.
Reasons
1. Claim against Defendant B farming association corporation, C, E, F, G, and H
(a)the reasons for the attachment to the indication of the claim and the changed reasons for the claim;
(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of each applicable provision of Acts (a judgment made by deeming that the relevant provision of Acts is private);
2. According to Articles 16(8) and 17(3) of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises for the determination of the claim against Defendant D, the provisions pertaining to associations under the Civil Act shall apply mutatis mutandis to agricultural partnership corporations except as otherwise provided for in the above Act, and the liability of members of an agricultural partnership shall be limited to the amount of investment paid.
In full view of the statement No. 1 and the result of the order of submission of tax information to the director of the Ansan Tax Office of this court and the purport of the entire pleadings, the plaintiff filed a lawsuit against the defendant B farming association corporation for "the payment of the goods price of KRW 40,232,90 and damages for delay calculated at the rate of 20% per annum from August 31, 2005 to the day of full payment." The defendant B farming association acknowledged the plaintiff's claim (U.S. District Court Decision 2005No32487). The defendant B farming association is the farming association established pursuant to the above Act for the purpose of collective farming and joint work, and the defendant D is the partner with the share of KRW 30%.
Therefore, Defendant D, as a member, is jointly and severally and severally liable with Defendant B farming cooperative association for the repayment of the amount equivalent to the ratio of equity shares among the amount of goods paid to the Plaintiff of the Defendant B farming cooperative. Accordingly, Defendant D is obligated to pay to the Plaintiff the amount of 12,069,870 won (i.e. 40,232,900 x 30%) and the amount calculated by the ratio of 20% per annum from August 31, 2005 to September 30, 2015, as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the following day to the date of full payment.
3. In conclusion, the plaintiff's respective claims against the defendants are justified, and it is so decided as per Disposition.