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(영문) 서울고등법원 2017.05.31 2015누56689

시정명령취소

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1. On August 7, 2015, the Defendant’s corrective order stated in attached Form 1, which was issued against the Plaintiff by the first subcommittee resolution C, shall be revoked.

2...

Reasons

In fact, the Plaintiff, such as the Plaintiff’s status, is a business operator who engages in commercial operation by means of prepaid installment contracts, and is prescribed by Article 2(1) of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

On December 16, 2016, the Plaintiff changed the trade name from “B” to “B” corporation as at present.

The general status of the plaintiff is as follows.

(Unit: (As of the end of 2014) On January 1, 2009, Plaintiff 2,00-25, 598, 341-3, 261-7, 347, the market scale and current status of the mutual aid business, as of January 1, 2009, is to provide movable property and services agreed with the subscriber for a certain period of time and to enter into a mutual aid agreement with the subscriber for the exercise of family, such as funeral and marriage.

As of March 2015, the number of business operators who signed a consumer damage compensation insurance contract with the requirements for statutory capital (not less than 300 million won) prescribed by the Installment Transactions Act (hereinafter “Installment Transactions Act”) and registered with City/Do is 223.

The number of members registered as a mutual aid company is about 404,00,000 members, and 1.50,000 members have increased over the preceding year.

The amount of advance payment has been increased by 4.9% compared to the second half of the preceding year in the amount of KRW 5,24.9 billion.

As of March 2014 as of March 2014, the number of business operators who have increased or decreased (%) in comparison with the second half of 2014 as of March 2015, 253 253 △△△△△△△△△ 10 (4.0), 33,600 35,249 1,649 1,649 (4.9) shall be as follows:

Examining the amount of advance payments of the mutual aid company, the number of companies with 10 billion won or more is 50 (22.4%) and the total amount of advance payments of these companies accounts for 93% of the total amount of advance payments (3.5,24.9 billion won) as follows.

On the other hand, 120 enterprises (53.8%) with the advance payment of less than one billion won, and 34.2 billion won with the total advance payment of these enterprises.