beta
(영문) 서울고등법원 2015.08.28 2014누70626

시정명령등취소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

The defendant of the claim against the plaintiff on 2014.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to: (a) the Plaintiff, a manufacturer and seller of mechanical electric meters, jointly with other business entities, was ordered by the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”); and (b) was subject to an internal distribution of quantities on December 2, 2010; (c) practically restricted competition in the field of trade through bidding collusion to be awarded under the name of an association to which the Plaintiff joined without participating in the bidding; and (d) on the ground that the order constitutes an unfair collaborative act under Article 19(1)8 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 11119, Dec. 2, 2011; hereinafter “former Monopoly Regulation and Fair Trade Act”), the corrective order and penalty surcharge payment order issued based on Articles 21 and 22 of the former Fair Trade Act did not fall under an unfair collaborative act; or (e) did not meet the requirements for a corrective measure; and (e) sought the Defendant’s corrective order and revocation of the payment order by asserting that it deviates or abused discretion.

[Related Acts and subordinate statutes] Attached Form 2

나. 전제된 사실관계 【증거】갑1과 변론 전체의 취지 ⑴ 당사자 ㈎ 원고, B㈜, 대한전선㈜, 피에스텍㈜, C㈜, ㈜D, ㈜두레콤, ㈜남전사, 옴니시스템㈜, ㈜한산에이엠에스텍크, 파워플러스콤㈜, ㈜E, F㈜, ㈜G(구 ㈜H)(이하, 원고를 제외한 나머지 회사를 개별적으로 ‘B’, ‘대한전선’, ‘피에스텍’, ‘C’, ‘D’, ‘두레콤’, ‘남전사’, ‘옴니’, ‘한산’, ‘파워플러스콤’, ‘E’, ‘F’, ‘H’라 하고, 원고를 포함하여 모두 가리킬 때는 ‘원고 등 사업자’라 한다)는 기계식 전력량계 제조판매 사업자로서 구 공정거래법 2조 1호에 정해진 사업자이다.

㈏ 한국제1전력량계사업협동조합,...