beta
(영문) 대법원 2016.11.24 2014다81528

손해배상(기)

Text

The judgment below

Among them, the plaintiffs stated in the list of destroyed plaintiffs in the attached Form 2 are the litigation acceptances of defendant E.S. companies.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 3, the lower court determined that, on the grounds as indicated in its reasoning, it is difficult to view that the Defendant EmIO (hereinafter “Defendant EmI”) committed the instant collaborative act jointly with the Defendant Em Energy Co., Ltd., Defendant AmIx Co., Ltd., Ltd., Defendant AmIx Co., Ltd., Ltd., and Defendant Hyundai MIC Co., Ltd. (hereinafter collectively referred to as “CoCo.”), or aided and abetted the instant collaborative act by the Co., Ltd., Ltd., which is the litigation of the Plaintiff EmIS Co., Ltd., or aiding and abetting the instant collaborative act by the Co., Ltd., Ltd., and it is difficult to view that the

Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.

In doing so, there was no error by misapprehending the legal principles on liability for damages caused by collusion.

2. As to the grounds of appeal Nos. 1, 2, and 4

A. The judgment of the court below (1) On the premise that the plaintiffs' damages caused by the act of the collusion in this case can be calculated as "the actual purchase price by plaintiff 】 the excess price per liter per liter (the virtual purchase price - the virtual competition price)" (hereinafter "tax information data") of the first instance court's order to submit taxation information to the National Tax Service (hereinafter "tax information data"), the average daily transit price per plaintiff 2004 (from January 1, 2004 to June 30, 2004) calculated by multiplying the purchase price by the number of days of the collusion in this case (from April 1, 2004 to June 10, 204) by the number of days of the collusion in this case, the plaintiffs sought the purchase price by plaintiff - the average price during the collusion period, divided it into "the purchase price by plaintiff - the total price during the collusion period", and the Government's price in kind (hereinafter "the Government's price accounting method") shall be calculated as "the imported goods in Singapore market."