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(영문) 서울고등법원 2018.10.25 2018누34963
과징금납부명령취소
Text

1. Of the instant lawsuit, the Defendant’s order of payment of penalty surcharge stated in attached Form 1, which was made to the Plaintiff on December 21, 2017, as a resolution B, against the Plaintiff.

Reasons

Basic Facts

On September 3, 2018, the Plaintiff: (a) divided the business sector of manufacturing and selling lectures, lectures, steel materials, etc.; and (b) divided Company A, a divided corporation, took over the instant lawsuit.

Each of the above companies shall be referred to as “Plaintiffs” without being classified before and after the filing of the lawsuit;

D Co., Ltd. is a subsidiary of I Co., Ltd. established by dividing the Gangwon Business Department of I Co., Ltd on May 12, 2014.

Under Article 55-3(2) of the Monopoly Regulation and Fair Trade Act, the act of the I stock company shall be deemed as the act of the D stock company and shall be "D" without distinction before and after the above division;

E Co., Ltd., F, and G Co., Ltd. are merged with J Co., Ltd. on January 8, 2014; and in the case of J Co., Ltd, the act of J Co., Ltd. is deemed as the act of G Co., Ltd., and “G” without distinction before and after

H (hereinafter referred to as “stock company”) is a business entity engaged in the business of producing and selling lectures, and is a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (amended by Act No. 14813, Apr. 18, 2017; hereinafter “Fair Trade Act”).

(2) The Plaintiff’s general situation is as follows. (30,000 1,327,72465,651 50,045 856 Oct. 19, 1960, 2015 30,426,426,471 48,591 39,727 874 874 30,8701,870 1,870,8627,4627,41939 (as of December 31, 2016, unit: the Korea Gas Corporation’s order official is a narrow shape or a narrow shape in its original form, depending on the strong shape or a narrow shape of each interior shape.

In accordance with the manufacturing method, the lecture officer shall be divided into the non-standing lecture officer and the contact lecture officer, and the contact officer shall be the contact officer.

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