logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2015.11.24 2015가단6168
물품대금
Text

1. The Defendants are jointly and severally and severally with the Nonparty’s large agricultural partnership costs of KRW 27,408,00 and KRW 27,258,00 among them.

Reasons

1. The Defendants bearing the indication of the claim are the executives of the non-party large farming association members (hereinafter referred to as “non-party farming association”).

From June 26, 2013 to June 29, 2013, the Plaintiff supplied capital reduction of amounting to KRW 27,258,000 on three occasions to the non-party corporation. The non-party corporation did not pay the price.

The obligations of a cooperative under the Civil Act are obligations of a cooperative member, barring special circumstances, a cooperative creditor is only entitled to claim repayment in proportion to the share of each cooperative member or equally. However, if the obligations of a cooperative are to be borne by acts of commercial activity for all members, it is reasonable to determine jointly and severally liable liability of a cooperative member by applying Article 57(1) of the Commercial

Therefore, the Defendants are jointly and severally liable to pay the goods payment obligation owed by the non-party corporation to the Plaintiff.

2. Grounds for defendant D: Judgment based on the assertion of confession (Article 208 (3) 2 of the Civil Procedure Act) by the defendant B and the defendant C: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Since the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings was amended by Presidential Decree No. 26553, Oct. 1, 2015; and the statutory interest rate was 15% per annum, the part on delay damages in the Plaintiff’s claim in this case is partially dismissed.

arrow