과징금부과처분 등 취소 청구의 소
1. Of the instant lawsuit, each part of the instant lawsuit seeking revocation of each penalty surcharge payment order against the Plaintiffs is dismissed.
2...
1. Facts recognized;
A. The status of the Plaintiffs, etc. (1) and international integrated machinery companies (in the case of a corporation with convenience, the portion of the corporation’s name shall not be indicated separately), and the solar products industry and the same industry (hereinafter collectively referred to as “the instant agricultural machinery manufacturers”) constitute a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act as a corporation whose business purpose is manufacturing, selling, etc. agricultural machinery. (hereinafter “Fair Trade Act”), which is a business entity under Article 2 subparag. 1 of the same Act.
(2) Although Plaintiff LS was originally named “ELS Electric”, on July 2, 2008, the trade name was changed as at the present time by dividing the investment business sector and the machinery business sector into two parts. From that time, Plaintiff LSMW theory, a newly incorporated corporation, had Plaintiff LSS Electric run the machinery business sector of ELS Electric.
(b) Characteristics and current status of the agricultural machinery market (1) the agricultural machinery market is a farmer whose income level is relatively low for the agricultural machinery market.
Therefore, the domestic agricultural machinery market is more affected by government policies such as financial support for purchasing agricultural machinery than general market principles.
It is difficult to replace agricultural machinery with human resources, livestock, etc. easily, so there is a low demand for the change in the game or price.
(2) The production of agricultural machinery requires various kinds of agricultural machinery according to the specific contents of work for production or crops, due to the characteristics of agricultural production which is greatly affected by season.
Therefore, the manufacturing industry of agricultural machinery generally has the characteristics of "multi-variety production".
(3) To engage in the manufacture and sale of agricultural machinery, a nationwide distribution network and post-management network must be established.
In addition, consumers need considerable time and investment until the brand value is formed by strong tendency to preference existing brands more favorable in terms of quality guarantee and heavy sales.
due to this.