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(영문) 서울고등법원 2019.01.10 2018누205
과징금납부명령취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition [based on recognition] without dispute, entry of Gap evidence 2, 10 evidence, Eul evidence 1 through 8 (including each number), and the purport of the whole pleadings;

A. The Plaintiff et al. and the Plaintiff were incorporated into M&A on July 22, 191, and was transferred to N’s affiliated company on September 13, 201, and the mission was changed to O on May 26, 2011.

After August 26, 2015, the mission of the corporation P to A was changed from the corporation corporation to the corporation.

The following shall be referred to as "Plaintiff" without classification:

D Co., Ltd., E Co., Ltd., F Co., Ltd., F Co., Ltd., and F Co., Ltd. were established by the Korea Environment Corporation on September 2, 1997 by investing the total amount of capital in P, and they were liquidated on December 30, 200

On February 20, 2007, Q Co., Ltd accepted 100% of the shares and incorporated them into a company belonging to an enterprise group into a company belonging to an enterprise group, and on November 201, the mission of Q Co., Ltd. changed from P to S Co., Ltd.

On August 5, 2016, T stock company accepted 97.6% of the shares, excluded from the department of “U” in the enterprise group, and changed its mission to FF stock company.

G and G were established as a subsidiary of the D Co., Ltd. in May 2006, and the shares held by D Co., Ltd in 2009 were sold to the V representative director of G Co., Ltd.

H and H Co., Ltd. changed its trade name from C to H on March 9, 2011.

I Co., Ltd. is a company established by leaving his/her employees to respond to the decline in share of D Co., Ltd.

(hereinafter referred to as "seven companies including the Plaintiff, etc." omitted entry, "J" among the names of the above companies, and "J", "J", "K", and "L" are enterprisers engaged in engineering business, etc., and Article 2 (1) of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as "Fair Trade Act").

Plaintiff

The general status of seven times of death, such as the following [Attachment 1].

[Attachment 1] The total amount of capital of the total amount of assets classified by the current status.

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