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(영문) 서울고등법원 2017.07.19 2016누81576
시정명령및과징금납부명령취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts recognized;

A. The Plaintiff’s completion of a company as a general holding company (hereinafter “stock company” is omitted when entering the Plaintiff’s name) falls under KRW 1,00,000 won or more of total assets from January 1, 2004 to November 25, 2016, which is the closing date of deliberation. Since the total amount of the stock value of a subsidiary is at least 50% of total assets, Article 2 subparag. 1-2 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) and Article 2 of the former Enforcement Decree of the Fair Trade Act (amended by Presidential Decree No. 27529, Sept. 29, 2016; hereinafter “former Enforcement Decree of the Fair Trade Act”) and Article 2 of the former Enforcement Decree of the Fair Trade Act (amended by Presidential Decree No. 27529, Sept. 29, 2016; hereinafter “former Enforcement Decree of the Fair Trade Act”), it constitutes a holding company with at least KRW 100,000,00.

As the completion chemical, a subsidiary company of completion, owns the Plaintiff’s issued stocks from April 30, 209 to December 29, 2014, and 68.3% from December 30, 2014 to December 30, 2014, the Plaintiff constitutes a second-tier company of the completion of a general holding company as defined in subparagraph 1-4 of Article 2 of the Fair Trade Act and Article 2(4) of the Enforcement Decree of the same Act from April 30, 2009 to the closing date of deliberation.

B. All the companies invested by the Plaintiff in the outline of the companies invested by the Plaintiff were comprised of construction investors (construction companies), operation investors (specialized operators), and financial investors (financial institutions) with special purpose corporations established for BTL business. The Plaintiff acquired some shares in order to establish a special purpose corporation as construction investors.

Plaintiff

The outline of an investing company shall be as follows:

A list 1, the project name of the Plaintiff-invested company, the project name Kanyang Institute BTL officer, the project title of the project, the project name education officer for the future technical education for the Ablue of the corporation name of the Plaintiff-invested company.

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