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 the same as the reasoning of the judgment of the court of first instance, except for the addition of the following "a decision to supplement the defendant's primary argument". Thus, the reasoning of the judgment is cited by the main sentence of Article 4

2. The Defendant’s supplementary decision on the Defendant’s primary argument is reasonable to view that the legal principle that “the obligation of a cooperative shall be a member’s obligation does not apply mutatis mutandis to the legal relationship of an incorporated farming association that is a separate person from a cooperative member, and that the obligation of a cooperative cannot be deemed a member’s obligation unless otherwise stipulated in Article 212 of the Commercial Act. However, it is difficult to accept for the following reasons.

Pursuant to Article 16(7) of the former Agricultural and Fisheries Business Entities Act, Article 712 of the Civil Act, and Article 57(1) of the Commercial Act, the Defendant, a member of an agricultural partnership, shall be deemed jointly and severally liable for the said obligations of the agricultural partnership

(1) The contribution made by the partners and the other property of the partnership shall belong to the partnership members (Article 704 of the Civil Act); unlike the partnership, the partnership's obligations shall belong to the partnership members, as it is not the subject of attribution of independent rights and obligations.

The partnership's property is held liable for the partnership's obligations, but the partnership's obligations are all the obligations of each union member, so each union member shall be held liable for each individual's property either in proportion to the apportionment of losses or in equal shares.

(2) An agricultural partnership shall be held jointly liable pursuant to Article 57(1) of the Commercial Act, if a partnership obligation arises from a commercial activity for all members as in this case. (2) An agricultural partnership is a legal entity incorporated by consisting of at least a certain number of members pursuant to the Agricultural and Fisheries Business Entities Act, and is a legal entity that is separate from its members.