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(영문) 서울중앙지방법원 2017.01.19 2015가합567673
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was the representative director and the largest shareholder of E Co., Ltd. (hereinafter “E”), and Defendant BF was merged with G Co., Ltd. on November 10, 2008; and G Co., Ltd. was changed to Hro on October 6, 2008 and on March 25, 2015.

(B) Around November 2008, FF Co., Ltd. I changed its trade name to J around March 2003, changed its trade name to F Co., Ltd. on December 2005, and changed its trade name to F Co., Ltd. on September 2007. Around September 2007, K Co., Ltd (Co., Ltd. prior to the change) was merged.

(hereinafter referred to as “F”), Defendant C (hereinafter referred to as “Defendant C”) is the largest shareholder of Defendant B, and Defendant D is the former representative director of Defendant B and C.

B. E and F, which were relay cable broadcasting business operators and administrative litigation 1) filed an application for approval of conversion of CATV broadcasting business with the Korea Broadcasting Commission (Korea Communications Commission at the time of the application for conversion of E and F’s CATV broadcasting business. At the time of the application, Defendant C owned 100% of F’s shares at the time of the application. However, around April 2, 2001, when Defendant C was designated from the Fair Trade Commission as a large business group on the ground that the Korea Broadcasting Commission had examined whether to approve conversion of CATV broadcasting business, the provision prohibiting large companies under the Broadcasting Act from holding more than 33% of the shares of the CATV broadcasting business operator at the time of designation as a large business group (repealed by the amendment of the Broadcasting Act on March 22, 2004).

3. The F submitted the document "the Korea Broadcasting Commission must not make a final decision on the mediation of the constituent shareholders of the composite cable broadcasting business." The Korean Broadcasting Commission is premised on the change of the constituent shareholders in accordance with the above mediation plan before the F delivers the letter of approval.

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