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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
1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 to 5 (including a serial number; hereinafter the same shall apply) by reference to the whole purport of the pleadings:
The defendants are members of LAF for the purpose of selling and exporting rice and miscellaneous rice.
B. From 2016, the Plaintiff entered into a supply contract to supply rice and miscellaneous rice to L farming partnerships (hereinafter “instant contract”). Under the instant contract, the Plaintiff supplied rice and miscellaneous rice until May 21, 2018, but the Defendant did not pay KRW 314,295,160 out of the sales proceeds under the instant contract.
2. Determination
A. Inasmuch as Article 17(3) of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises governing the legal relations of the Plaintiff’s alleged agricultural partnership newly established a provision that the liability of a member or an associate member of an agricultural partnership shall be limited to the amount of investment paid, the Defendants are obligated to pay the debt charges of a limited partnership according to the relevant shares of the Defendant as stated in the attached Table, among the members of the limited partnership.
B. The Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter “Agricultural and Fisheries Business Entities Act”) governing the legal relations of agricultural partnership corporations was amended by Act No. 12961 on January 6, 2015. The main contents relating to the instant case are as follows.
Article 16 (Establishment of Agricultural Partnership and Fisheries Partnership) (1) Farmers who intend to enhance productivity through collaborative agricultural management and jointly conduct the business of shipping, distributing, processing, and exporting agricultural products, the business of agricultural tourism and resort, etc. or a producers' organization related to agriculture under subparagraph 4 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry (hereinafter referred to as "agricultural producers' organization") may establish an agricultural partnership with five or more members.
(3) An agricultural partnership or a fisheries partnership shall be incorporated.