시정명령및과징금납부명령취소
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
1. Object of adjudication and the principle of judgment of this Court;
A. On April 23, 2015, the judgment of the court prior to remanding the case where the Plaintiff filed the instant lawsuit against the Defendant seeking the revocation of the corrective order and penalty surcharge payment order indicated in the separate sheet, and the judgment of the court prior to remanding the case, which cited only the claim for revocation of the penalty surcharge payment order and rendered a judgment dismissing the claim for revocation of the corrective order. Accordingly, the Plaintiff and the Defendant appealed on the part against each of the losing parties. On October 27, 2016, the judgment of remanding the Plaintiff’s appeal is dismissed on October 27, 2016, and the part against the Defendant in the judgment prior to
Therefore, the subject of the judgment of this court is limited to the cancellation claim of penalty surcharge payment order, such as the statement of claim.
B. The principle of judgment: The court to which the case was remanded from the court of final appeal at the binding force of the judgment reversed and remanded shall be bound by the court of final appeal, unless the court of final appeal submits new arguments or evidence in the course of a subsequent trial after remanding the case, and changes in facts that form the basis of the binding judgment occur (see, e.g., Supreme Court Decisions 95Da4923, Feb. 28, 1997; 97Da14934, Jul. 11, 1997). Accordingly, this court shall judge the subject of the judgment of this court in accordance with the above criteria.
2. Basic facts and circumstances of dispositions.
A. The Plaintiff’s status as the Plaintiff, Eastern Steel Co., Ltd., UNNethyl Co., Ltd. (hereinafter “Plaintiffs, etc.”) is deemed three companies, and individually, “Plaintiffs,” “Dongern Fire Co., Ltd.,” “NNH”, and “NNH”; hereinafter the same shall apply) under Article 2 subparag. 1 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 12095, Aug. 13, 2013; hereinafter the “former Monopoly Regulation and Fair Trade Act”).