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(영문) 서울고등법원 2014.04.03 2013누24534

과징금납부명령 취소청구의 소

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1. On December 29, 2011, the Defendant’s order to revoke the penalty surcharge payment order issued under the Decision No. 2011-302 against the Plaintiff.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff et al. purchased old petroleum chemical on June 27, 2003, when manufacturing and selling synthetic resin from 1988, which entered into sales procedures by creditor financial institutions. The Plaintiff et al. purchased 50% shares of Honam Petroleum chemical and EL chemical. The old Hyundai Petroleum chemical suspended domestic business after concluding a sales agency contract with Honam Petroleum chemical and ELP chemical around September 26, 2003. On October 1, 2003, 2007, the 10th new company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's 10th company's company's company's company's company's company's company's company's company's company's 10th company's company's company's company's company's company's company's company's company's company's company's company's 20th company's company's company's company's company's company's company's company's company'.

3) However, the former Act on the Monopoly Regulation and Fair Trade of Hyundai Petroleum Chemical (hereinafter “Fair Trade Act”) provides that contingent liabilities shall be borne by 100% by the surviving corporation. Thus, the former Act on the Monopoly Regulation and Fair Trade of Hyundai Petroleum Chemical (hereinafter “Fair Trade Act”).

The obligation to pay penalty surcharges, etc. due to the violation, has been borne by the plaintiff as the surviving corporation.

B. The defendant.