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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.
Reasons
Details of the disposition
On April 12, 2012, pursuant to Article 14(1) of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”), the Defendant designated and notified 25 companies, including the Plaintiff, B, C, D Co., Ltd. (hereinafter “each “B”), and D Co., Ltd., as E, as a conglomerateF (hereinafter “enterpriseF”), and designated and notified the same.
(2) If a creditor financial institution actually controls the business activities of a creditor financial institution, C, D, B, or D’s subsidiary, not the Plaintiff’s assertion E as to the legitimacy of the instant disposition without dispute, the instant disposition based on the premise that E actually controls the business activities of the said company, should be revoked as it is unlawful.
The relevant regulations are as shown in the attached Table of the relevant regulations.
In fact, the creditor financial institutions, B, C, and C, around January 6, 2010, commenced the procedures for joint management by creditor financial institutions pursuant to Article 8 (1) of the former Corporate Restructuring Promotion Act (amended by Act No. 10684, May 19, 201).
The Korea Development Bank (hereinafter “Industrial Bank.” The Industrial Bank (hereinafter “E”) and E, and its A (hereinafter “E B”) concluded on February 5, 2010, an agreement between the credit group and the controlling shareholder for the implementation of the normalization of the FF affiliated companies, which includes the following: (a) the Governor of the Financial Supervisory Service, pursuant to Article 79(1) of the Regulation on Supervision of Banking Business (Notice of the Financial Services Commission).
E The father shall provide his/her stocks, real estate, etc. as security in order to secure all obligations to the Industrial Bank B, C, Plaintiff, and D.
If the Industrial Bank determines that the conversion of capital and loans is necessary for the improvement of the financial structure or the normalization of management as a result of the actual inspection of assets and liabilities B, C, Plaintiff, and D, E fathers consent to the reduction of capital for secured stocks and cooperate in the reduction of capital and conversion of investment.