Whether a livestock industry cooperative's feed sales price claim against its members who engage in the fish farming business is a commercial claim (affirmative)

Even if a livestock cooperative's act of selling feed to its members engaged in a fish farming business falls under the purchase of feed for its members, the act of commercial transaction constitutes a commercial activity since it constitutes a purchase of feed for its members' business. Therefore, the credit payment claim is a commercial claim.

Articles 64 and 3 of the Commercial Act, Articles 6(2) and 53 of the Livestock Industry Cooperatives Act

Gwangju District Livestock Cooperatives

Defendant 1 and one other, Defendants et al., Counsel for the defendant-appellant-appellee and one other

Seoul High Court Decision 92Na30971 delivered on August 28, 1992

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below recognized the fact that the plaintiff union continuously supplied the non-party 1, who is a member of the union with feed, continuously supplied the above non-party 1 with the credit payment within 40 days from the date on which the plaintiff union supplied the above non-party 1 with the credit payment, operated the two-way business and sold it to the plaintiff union or the market and paid the non-indicted 1. According to the facts found, even if the above act of selling the feed constitutes a member's purchase of feed for business purposes, it constitutes a commercial activity since the above non-party 1, a merchant, constitutes the above non-indicted 1's purchase of feed for business purposes. Accordingly, since the plaintiff's non-indicted 1's above non-indicted 1's claim for the non-indicted 1's above non-indicted 1 is a commercial claim, the judgment below

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.