beta
(영문) 서울행정법원 2015.12.11 2015구합58331

투하자본 보상율 통보처분 취소청구

Text

1. Attached Form that the Defendant rendered against the Plaintiff on December 31, 2014

1. The cost of defense materials covered in the list of the year 2015.

Reasons

Details of the disposition

The two industrial infrastructure Co., Ltd. (hereinafter referred to as "dusan infrastructure"), including the Plaintiff's status, owned 38.86% of shares issued in the two industrial infrastructure by two industries (hereinafter referred to as "dusan Heavy Industries") and 6.03% of shares issued in the two industrial infrastructure by two companies (dub engines and two industry) with control over the two industries.

On the other hand, the two industries (hereinafter "dusan") own 41.17% of the shares issued by the two industries and actually controlled the two industries through the two industries.

In December 31, 2008, the two infrastructure was divided and succeeded to the Plaintiff Company, a corporation established by division, in whole, the business including assets and liabilities related to the outflow business through physical division.

The two infrastructure owns all of the Plaintiff Company’s shares on June 26, 2009, and sold 50.91% of the shares held on June 26, 2009 to DNA Holdings Co., Ltd. (hereinafter “Divea Holdings”), and the remaining 49.09% of the shares were sold to DNA Holdings Limited Co., Ltd. (hereinafter “Dives Holdings”).

DNA trading is a company established on May 28, 2009, which is wholly issued by two companies.

Accordingly, two production still controls the mountain industry from the two industrial infrastructure to the plaintiff through the DNA crowdfunding.

The relationship between the two industries, the two infrastructure, and the plaintiff's control before and after the above physical division is as follows:

Pursuant to Article 46 (1) of the Defense Acquisition Program Act and subordinate statutes, the Government may conclude a short-term, long-term, fixed, or estimated contract where defense materials are procured. In such cases, the kinds, terms, methods of contracts, and other necessary matters shall be prescribed by the Enforcement Decree of the Defense Acquisition Program Act.

Articles 60 and 61 of the Enforcement Decree of the Defense Acquisition Program Act shall be part of the matters concerning a contract for procurement of defense materials.