대규모기업집단지정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including those resulting from the participation, shall be 85% of them.
1. On April 1, 2013, pursuant to Article 14(1) of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”), the Defendant, on April 1, 2013, designated 24 companies, including the Plaintiff and the Intervenor B, C, and D Co., Ltd. (hereinafter referred to as “participatings,” and, on an individual basis, designated 24 companies, including each “B,” “C,” and “D,” as E, and notified the same.
(hereinafter “instant disposition”). 【No dispute over the grounds for recognition】
2. Whether the instant disposition is lawful
A. Although the Plaintiff’s assertion E is not a creditor financial institution, but a creditor financial institution, C, D, B’s subsidiary, and C’s subsidiary, the instant disposition based on the premise that E actually controls business activities of the said company, must be revoked as it is unlawful.
B. Attached to the relevant regulations are as follows.
C. The facts of recognition 1) B, and C’s creditor financial institutions, around January 6, 2010, entered into the creditor financial institutions joint management procedures with respect to B and C pursuant to Article 8(1) of the former Corporate Restructuring Promotion Act (amended by Act No. 10684, May 19, 201) (hereinafter “Industrial Bank”). The Korea Development Bank (hereinafter “Industrial Bank”). Under Article 79(1) of the Regulations on Supervision of Banking (Financial Services Commission Notice), E, and G (hereinafter “E” and G (hereinafter “E”) made an agreement between the credit group to promote the management normalization of F affiliated companies and the controlling shareholder, including the following matters:
E The father shall provide his/her stocks, real estate, etc. as security in order to secure all obligations to the Industrial Bank B, C, Plaintiff, and D.
The industrial bank shall improve its financial structure as a result of the actual inspection of assets and liabilities B, C, Plaintiff, and D.