계열제외신청 거부처분취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
1. Details of the disposition;
A. The Plaintiff and the Intervenor (hereinafter referred to as the “ Intervenor”) (hereinafter referred to as the “B”) are affiliated companies belonging to the business group subject to the limitations on mutual investment (hereinafter referred to as the “business group E”), C, D, etc. are affiliated companies belonging to the business group subject to the limitations on mutual investment (hereinafter referred to as the “business group E”).
B. On March 18, 2011, the Plaintiff commenced the joint management procedures of creditor financial institutions under the Corporate Restructuring Promotion Act against the Defendant on January 6, 2010, the Plaintiff filed an application to exclude the said companies from the affiliates of a business group E based on Article 2 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) and Article 3 of the Enforcement Decree of the same Act, since large-scale capital reduction to the existing shareholders, creditor-equity swap, etc. due to the creditor-equity swap against the existing shareholders, etc., and the same person and interested persons do not meet the requirements of G, H, I, I, and C, as their subsidiaries.
C. On May 19, 201, the Plaintiff is again unable to continue to exist as an affiliated company of a conglomerate E, and each of the above companies and B, inasmuch as the Plaintiff cannot continue to exist as D’s subsidiary and its subsidiary (B’s grandchild) in the event that B is excluded from its affiliated company upon the above application.
They additionally filed an application to exclude N omitted in the application for exclusion from the affiliates of an enterprise group E.
(hereinafter referred to as the “instant exclusion company”) d.e., the Plaintiff’s exclusion company.
On June 17, 2011, the defendant notified that the companies subject to the application meet the requirements of affiliates E under the Fair Trade Act, and thus are not excluded from affiliates.
(hereinafter “instant disposition”) e.
The defendant.