The judgment below is reversed, and the case is remanded to the Jeonju District Court.

The grounds of appeal are examined.

1. Article 16 of the former Act on Fostering and Supporting Agricultural and Fisheries Enterprises (amended by Act No. 12961, Jan. 6, 2015; hereinafter “former Act on Agricultural and Fisheries Enterprises”) provides that farmers, etc. who intend to enhance productivity through collaborative agricultural management and jointly carry, distribute, process, export, etc. agricultural products may establish an agricultural partnership with five or more members. Paragraphs (3) and (7) of the same Article provide that agricultural partnership shall be a juristic person, and the provisions concerning partnership in the Civil Act shall apply mutatis mutandis to agricultural partnership, except as otherwise provided for in the above Act.

In addition, this provision shall also apply to agricultural partnership corporations established prior to the enactment of the above Act pursuant to Article 3 of the Addenda to the former Act on Fostering and Supporting Agricultural and Fisheries Enterprises (amended by Act No. 9620 of April 1, 2009).

In full view of the contents of these regulations and the issue of which organization is the issue of legislative policy, it is understood that the former Act on Agricultural and Fisheries Enterprises gives special legal personality to a partnership which meets certain requirements in order to improve agricultural productivity through collaborative agricultural management while viewing the substance of agricultural partnership as a partnership under the Civil Act.

Therefore, the legal principles on partnership under the Civil Code shall apply to the agricultural partnership unless otherwise provided for in the relevant laws such as the former Agricultural and Fisheries Business Act.

However, since the creditors of the agricultural partnership exercise their rights against the members, there is no particular provision in the former Agricultural and Fisheries Business Act, the legal principles on the partnership under the Civil Act are applied. Ultimately, the creditors of the agricultural partnership can demand the performance of their obligations against each member at the time of the occurrence of the claim pursuant to Article 712 of the Civil Act.

2.(a)

The judgment below

The reasoning and the lower court.