beta
Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. The plaintiff is a person raising originals.
B. G farming association corporation (hereinafter “instant corporation”) was established on May 17, 2005 pursuant to Article 15 of the former Framework Act on Agriculture and Rural Community (wholly amended by Act No. 8749 of Dec. 21, 2007 and its name was changed to the Framework Act on Agriculture, Rural Community and Food Industry; hereinafter the same) for the purpose of original livestock farming business, original food processing business, original food manufacturing and selling business, livestock products and direct trade sales business, etc.
C. On August 6, 2012, the Plaintiff entered into a contract with J Co., Ltd. (hereinafter “J Co., Ltd.”), the representative director of H, which is the husband of the instant legal entity, to entrust the original raising, and raised the original by being supplied with the original from J Co., Ltd., and again shipped the original raising to J Co., Ltd.
H on October 21, 2013, under the name of the instant legal entity, jointly and severally guaranteed the obligation of original consignment raising expenses to the Plaintiff of J Co., Ltd.
(hereinafter referred to as the “joint and several sureties of this case”).
On March 31, 2014, the Plaintiff filed a lawsuit against the instant corporation and J Co., Ltd. seeking payment of KRW 70,373,340 (hereinafter “instant breeding cost”) and damages for delay thereof (hereinafter “relevant case”). On September 19, 2014, the said court failed to receive KRW 70,373,340 from J Co., Ltd. as of March 5, 2014, and recognized the fact that the instant corporation jointly and severally guaranteed the obligation to raise funds to the Plaintiff on October 21, 2013, the Plaintiff and J Co., Ltd. were jointly and severally liable to pay the Plaintiff the annual amount of KRW 70,373,340 from the date following J Co., Ltd. as of October 21, 2013 to the date of full payment, and the Plaintiff and the Plaintiff were jointly and severally liable to pay the annual amount of KRW 70,373,340 and 401.41.