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1. A penalty surcharge substituted by the Defendant for three months of the suspension of business operations for the Plaintiff on June 17, 2015.
Reasons
1. Details of the disposition;
A. The Defendant is the opener of the Seoul Special Metropolitan City Agricultural and Fishery Products Wholesale Market (hereinafter “Agricultural and Fishery Products Distribution Act”) under the Act on Distribution and Price Stabilization of Agricultural and Fishery Products.
On December 30, 2011, when the Defendant designated the Plaintiff as a wholesale market corporation pursuant to Article 23 of the Distribution of Agricultural and Fishery Products Act (hereinafter “instant designated disposition”), imposed the condition that “a person who intends to modify the controlling shareholder (including the largest shareholder, the major shareholder who owns at least 10% shares, the largest shareholder of the corporation, and the major shareholder if the largest shareholder is a corporation) shall obtain prior approval from the founder, and if he/she intends to amend the articles of incorporation, he/she shall file prior report 20 days prior to the amendment (hereinafter “instant designated condition”).
C. On March 24, 2015, Plaintiff Co., Ltd. (hereinafter “instant new shares”) holding 324,276 shares of 500,000 shares, and D, E (C) holding 125,00 shares of 125,00 shares of 50,00 shares, and E holding 49,276 shares of 50,00 shares of 50,00 shares; hereinafter “former shareholders” in common name C, D, and E) concluded a share transfer agreement to transfer shares held by them to F limited liability companies (hereinafter “instant new shares”). On the same day, the Plaintiff filed an application for the approval of the change with the controlling shareholder via the Seoul Metropolitan Government Agricultural and Fishery Food Corporation.
On April 9, 2015, the former shareholders transferred the instant 499,276 share to KRW 250,001 out of the said 49,276 share to the instant 30 billion. Accordingly, on April 23, 2015, the Defendant notified the Plaintiff of non-approval of the application for approval of the change of the controlling shareholder on the ground that the controlling shareholder was changed without the Defendant’s prior approval.
E. Meanwhile, from March 25, 2015 to April 8, 2015, the Defendant is conducting a special audit of the Plaintiff through the Seoul Metropolitan Government Agriculture and Fisheries Food Corporation (hereinafter “instant special audit”).