beta
(영문) 서울고등법원 2018.08.23 2018누38583

과징금납부명령취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition [based on recognition] without dispute, Gap evidence 1, Eul evidence 1 through 19 (including each number, hereinafter the same shall apply), the purport of the whole pleadings;

A. The Plaintiff’s status and general status 1) The Plaintiff, while establishing and managing a school for education, has established a “C” as an internal business chain for the manufacture and sale of milk products, meat-processed products, functional health foods, etc. for the purpose of operating the school, and the name on the business registration certificate is “(school)D.” However, in a case where a single business entity operates multiple types of businesses, the Plaintiff is a school foundation A, not a specific business sector related to the instant case, but a corporation indicated on the entire registered matters, and thus, the Plaintiff is a school foundation A. The general status of “C” in the instant case is as follows. (as of the end of 2016, as of the end of 2016, as of the total sales amount of basic gold-based assets, total net income for net income of 34,92748, 873, 157, 191, 391, 191, and 13916, the Monopoly Regulation and Fair Trade Act (amended by Act No. 1384, Apr. 18, 18, 2017).

(2) The status of the Plaintiff’s general status is as set out in Table 1 below.

[Attachment 1] The Plaintiff’s general status (as of the end of 2016, unit: KRW 1,115,763970,230, 145,53333,8821,667)

B. The Plaintiff’s product status 1) The Plaintiff sells milk, effective milk, beverage (one beverage, etc.), other genetic products (chees, burners, powder, scam, scam, etc.), meat products (ham, scam, etc.), health food (red red ginseng, etc.). The sales cost and annual sales cost for each group of products are as follows: [Attachment 2] and [Attachment 3] of the Plaintiff’s product number and sales cost (as of the end of 2016, Table 2] of the Plaintiff’s product number and sales cost (as of the end of 2016, Table 56.2508 506 267 8.9% of the total sales cost, 57.9% of the total sales cost for each group of products.