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(영문) 서울고등법원 2012.11.07 2012누4564

과징금납부명령 취소청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On January 13, 2012, the Defendant ordered the Plaintiff to pay penalty surcharges on the ground that the Plaintiff, along with other enterprisers, committed an unfair collaborative act in collusion with the selling price of polypropye.

(1) The plaintiff asserts that the penalty surcharge order in this case should be revoked in an unlawful manner, since the plaintiff was exempted from the penalty surcharge because the Honam Petroleum Chemical Co., Ltd. made a voluntary report on behalf of the plaintiff on behalf of the plaintiff.

However, even if all the evidence presented in this case were collected, it is insufficient to recognize that Honam Petroleum Chemical Co., Ltd. reported voluntary acts by the plaintiff to the defendant on behalf of the plaintiff's subrogation or acting for the plaintiff, and there is no other evidence to acknowledge it.

Plaintiff

We cannot accept the argument.

Therefore, the plaintiff's claim is dismissed for lack of reason.