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(영문) 서울고등법원 2020.01.15 2019누38788
시정명령등취소
Text

1. The plaintiff's claim is dismissed.

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

The defendant's intent of the claim is decided January 23, 2019.

Reasons

1. Details of the disposition;

A. 1) The Plaintiff is an agricultural company established on January 30, 200 and engaged in the distribution, processing, distribution, etc. of office fixtures. C Co., Ltd. is a company designated as a wholesale market corporation in Songpa-gu Seoul Metropolitan Government and engaged in the sales business of office fixtures and consignment in the Seoul Metropolitan Government D D market, and the name of the company E (hereinafter “stock company”) is omitted.

(2) On July 2010, E was incorporated into a company affiliated with “F”, which is an enterprise group subject to limitations on mutual investment, and subsequently acquired C’s share 64.86% in around 201, and 23.6% of the Plaintiff’s share in around 2013.

C A around February 2011, the Plaintiff was incorporated into a company affiliated with “F,” which is an enterprise group subject to limitations on mutual investment on March 2, 2012.

On May 2015, E et al., the largest shareholder, was excluded from the "F" of a business group, and the plaintiff was also excluded from the department.

The change in the shares ratio from 2011 to 2016 of the plaintiff is as follows:

The shareholders' name is the current status of holding shares as of June 201 as of the end of 2011.

D - G in 2013 2014, 2015 - G 2016 - 23.66 - - - Company affiliated with “F (excluding affiliated departments in May 2015) - H - 10.06 0.06 - E - 23.6 66 June 23.6 203.66 - Busan 29.78 29.78 29.78 9.85 - 15 - 25.9 9 25.9 25.9 - 9 - 9 - 25.9 - - 1000 - 3.05 - 10.25 - 201 - 3.05 - 15.201 - 10 - 10.05 - 15.20

B. C, E, and the Plaintiff’s act 1) C lent three times from December 31, 2012 to July 10, 2013, a sum of KRW 4.5 billion to the Plaintiff with credit without any collateral, on three occasions, at the interest rate of KRW 5.5% to 6.9%, and extended the maturity of the said three loans on two occasions each period (the extended interest rate was 5.5%, and the interest rate of the loan bonds, the interest rate of which was 5.5% was changed to 6.9%.

The final maturity was October 31, 2014.

C is the Plaintiff.

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