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(영문) 서울고등법원 2018.02.07 2017누35662

과징금 부과처분 취소 청구의 소

Text

1. On October 21, 2016, the Defendant’s order to pay a penalty surcharge in attached Form 1(2) against the Plaintiff shall be revoked.

Reasons

(b) after agreement on the increase, send E-price official seals to its agencies, etc.;

Plaintiff

On July 201, 201, the three members of the three companies in charge of the company, agreed to increase the packing products for E floor from October 201 to KRW 45,00 per ton to KRW 2,800 per ton and packing products to KRW 2,800 per ton.

Plaintiff

On August 2011, the parties agreed to increase the E selling price at the meeting of the person in charge, etc., sent E-price official questions to their agencies, etc.

During the collaborative act period, the agreement was reached by the plaintiffs et al. to increase the E sales price from March 21, 2007 to April 8, 2013, and the E sales price of the plaintiffs et al. was continuously increased as follows: < Amended by Presidential Decree No. 20379, Feb. 2, 2007; Presidential Decree No. 2507, Mar. 3, 201

For this reason, the 2nd floor E selling price trend for the plaintiff et al. * The above price is based on the supply price trend for the non-fluenced regional agencies (special agreement points) of the plaintiff et al.'s waterworks. < Amended by Presidential Decree No. 20190, Mar. 3, 201; Presidential Decree No. 20130, Nov. 15, 201; Presidential Decree No. 20140, Mar. 21, 2007; Presidential Decree No. 20130, Nov. 21, 2007; Presidential Decree No. 2020, Nov. 3, 2011; Presidential Decree No. 20357, Nov. 2, 2011; Presidential Decree No. 20358, Nov. 3, 2014>

See Table 3: E-based M/S agreement ratio of the plaintiffs, etc. (Seoul metropolitan area) (from March 21, 2007 to November 15, 201) (as of November 2008, 2008, 32.0% 51.0% 50% 50.0% 50% 50.0% 33.0% 33.9% 35.0% 35.0% 33.0% 33.0% 35.0% 33.0% 4.0% d 15.0% 15.0% 15.0% 15.0% 15.0% 15.0% 0% d. 17.0% d. 15.0% 17.0% d. 15.10% d. 2013.208, 10.10% e. 201.1. 1.20% e.1.20/1.10%