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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Plaintiff sold an agricultural product equivalent to KRW 86,163,00 in total from January 14, 2008 to July 18, 2014 to H (hereinafter “H”).
Defendant A is the representative director of H, and Defendant B, C, and D are directors of H, and Defendant E are the auditors of H.
Defendant F was a director of H from April 21, 2003 to December 22, 2004; Defendant G was a director of H from December 22, 2004 to June 28, 2007.
[Grounds for recognition] Gap 1-5 and the fact-finding results and the purport of the entire pleadings to the South-North Korean registry in this Court.
Plaintiff’s assertion
The plaintiff asserts as follows as the cause of the claim of this case.
H is an agricultural partnership established pursuant to the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter referred to as the “Agricultural Corporation Act”), and an agricultural partnership is required to apply the provisions concerning partnership under the Civil Act except as otherwise provided in the Agricultural Corporation Act.
(Article 16(7) of the Agricultural Corporation Act. However, barring any special circumstance, a partnership creditor, as a partner’s obligation under the Civil Act, can exercise his/her right equally when he/she did not know of the ratio of shares to each partner or the ratio thereof. However, if the partnership’s obligation is to be borne by an act of commercial activity for all members, then the partnership’s obligation should be recognized jointly and severally liable by applying Article 57(1) of the Commercial Act.
The Defendants are members of H, and the goods payment obligation against the Plaintiff was borne by H as an act of commercial activity for all its members. Therefore, the Defendants are jointly and severally liable for payment of KRW 86,163,00 to the Plaintiff.
Judgment
In addition, Article 16(7) of the Agricultural Corporation Act prior to the amendment (amended by Act No. 12961, Jan. 6, 2015; hereinafter the same shall apply) shall apply to the Agricultural Corporation Act before the amendment (amended by Act No. 12961, Jul. 7, 2015).