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(영문) 서울고등법원 2017.12.06 2016누59043
시정명령등 처분 취소청구의 소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The status of the original entity of the instant case was changed in the case of the Plaintiff, the Plaintiff Company, and the spin-off was made, but the process was as follows.

Busan F&C changed its trade name on November 18, 201.

After that, on March 21, 2016, U.S. changed its trade name into Maschis. On April 1, 2016, Maschis established P&C as a new company by spin-off of Maschis sector division.

Therefore, the instant collaborative act is responsible for examining the instant collaborative act, which is found identical to the PPC and the PPS’s activities prior to the change of trade name and division, to the PPPC and the PPS’s activities.

The activities of PPPC and PPS shall be considered as the activities of PPPS and PPS;

Plaintiff

The new draft packing industry corporation, the plaintiff Han Young-ro industry corporation (hereinafter referred to as the "Plaintiffs" in the same division), and the 18 companies, such as Taechip, Taechip packing, Dongchip, Blusp, Manchip, Manchip, Gochip, Gochip, Gochip, Gochip, Gochip, Gochip, Gochip, Gochip, Gochip, Gochip, Gochip, Gochip, Gochip, Gochip, Hanchip, Hanchip, Korea Export Packing, and Gochip (hereinafter collectively referred to as the "original group of this case"), are business entities prescribed by Article 2 subparagraph 1 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as the "Fair Trade Act"), as those who engage in the business of manufacturing and selling Gochip, and are prescribed by Article 2 subparagraph 1 of the Monopoly Regulation and Fair Trade Act.

The upper part of the upper part of the aggregate sheet, which is a summary of the structure and actual condition of the original part of the original part of the aggregate sheet, shall be made of the original part of the aggregate sheet by combining it with the original part of the aggregate sheet box.

Alley land manufacturer sells originals to the main body manufacturer of the aggregate sheet, and the main body manufacturer of the aggregate sheet shall create the aggregate sheet, and the main body manufacturer of the aggregate sheet shall form the aggregate sheet.

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