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(영문) 서울고등법원 2016.08.25 2015누55310

과징금납부명령취소

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1. On July 20, 2015, the Defendant’s corrective order and penalty surcharge payment order in attached Form 1, which was issued against the Plaintiff as a resolution B by July 20, 2015.

Reasons

Basic Facts

The status C Co., Ltd. (hereinafter referred to as “C”; hereinafter referred to as “stock company” in the name of all the companies, including the Plaintiff, etc.), D, E, F, G, H, I, J, K, L, M, M (hereinafter referred to as “existing 12 copies”), Plaintiff, O, P, Q, Q, R, T, U, VI ( modified trade name: W), X (hereinafter referred to as “existing 12 copies”), and the remaining companies other than the Plaintiff are referred to as “2 companies including the Plaintiff, etc.”, and if they are referred to as “21 companies including the Plaintiff, etc.”, they fall under a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as “Fair Trade Act”).

The general status of the plaintiff is as follows.

On January 22, 1990, 2012 2013 2013 224, 955 682,056 234,964, 964, 055 25, 479 2,672, the ordering Korea Gas Corporation supplied high-tension natural gas generated from the production base to the gas supply source for stable gas supply.

A management office is classified into a pressure control office, a blocking control office, and a block valve according to its function and use. A pressure control office plays a role of supplying natural gas that has been transported by high pressure through piping network with reduced pressure and stable supply at a certain pressure required by the demand source; a blocking management office plays a role of blocking gas supply in the event of an emergency or blocking gas flow at the time of major construction works; and a block valve serves as a kind of valve for prompt blocking of piping networks in the event of an emergency. The Korea Gas Corporation is a supply facility constructed and operated by the Korea Gas Corporation to supply natural gas to large-user power plants and urban gas companies.

Since the end of April 2009, the Korea Gas Corporation ordered the construction of natural gas supply facilities from around the end of 2008 to the end of August 2012.