과징금납부명령 취소청구의 소
1. On January 13, 2012, the Defendant’s order to revoke a penalty surcharge payment order issued by the Plaintiff as a resolution No. 2012-007 against the Plaintiff.
2...
1. Details of the disposition;
A. The status of the Plaintiff et al. (1) Hyundai Petroleum Chemical Co., Ltd. (hereinafter “former Hyundai Petroleum Chemical”).
In the name of the corporation, the name of the corporation is omitted in the name of the corporation. The corporation started to manufacture and sell synthetic resin since 1988, but entered the sale process by creditor financial institutions due to serious business deterioration, and the consortiums of Honam Petroleum Chemical and Elm Chemical purchased old Hyundai Petroleum Chemical on June 27, 2003, by acquiring 50% shares, respectively.
On September 26, 2003, the former Hyundai Petroleum Chemical concluded a sales agency contract with Honam Petroleum Chemical and ELchemical and suspended domestic business, and Honam Petroleum Chemical and ELchemical accepted all the business organizations of Honam Petroleum Chemical around October 1, 2003.
(2) On January 1, 2005, the Defendant issued an order to divide the business by deeming that the above undertaking of Honam Petroleum chemical and El branch chemical constitutes a business combination with anti-competitive factors. Accordingly, on January 1, 2005, 1 complex of the former Hyundai Petroleum chemical was divided into ELD District Oil Co., Ltd.; 2 complex of the factory was divided into Honam Petroleum Chemical Co., Ltd.; and on January 3, 2005, the former Hyundai Petroleum Chemical Co., Ltd. changed its trade name into T to change its business purpose into the installation and supply of electricity, steam, and other ethyl facilities for the company located in the petroleum industrial complex; and thereafter, the ELD Area Oil Co., Ltd. was merged into ELV chemical as of January 1, 2006; and the ELD Area Oil Co., Ltd. was merged into the petroleum chemical as of January 5, 2009.
(3) However, since the former Act on the Division of Hyundai Petroleum Chemical provides that contingent liabilities are 100% borne by the surviving corporation, liability to pay penalty surcharges, etc. due to the violation of the former Act on the Monopoly Regulation and Fair Trade (hereinafter “Fair Trade Act”) was borne by the Plaintiff, a surviving corporation.
B. The defendant.