시정명령 등 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The defendant of the claim on June 18, 2019.
1. Basic facts
A. The Plaintiff is a person who runs a retail business for selling goods used by consumers after being supplied by multiple business operators. Since the Plaintiff is using a store with a total size of at least 3,000 square meters for retail business, the Plaintiff constitutes a large franchise and retail business operator under Article 2 subparagraph 1 of the former Act on Fair Transactions in Large-Scale Distribution Business (amended by Act No. 15611, Apr. 17, 2018; hereinafter “former Large-Scale Distribution Business Act”).
The general status of the plaintiff is as listed below (attached Table 1).
[Attachment 1] Plaintiff 65,015 66,629 2,339 (as of February 28, 2018, unit: KRW 00 billion) for each total amount of net income classified into the Plaintiff’s general status
B. Market structure and actual condition 1) The current status of a large retailer market refers to a group of stores retailing to consumers without the aid of the source of food, household appliances, etc., as a type of discount stores. The characteristic of a large retailer is to promote low-price sales by making the production, distribution, and sales structure efficient through large-scale purchase, low-scale, high-speed lines, accelerator services, and minimum investment. To this end, it is essential to establish a system for operating low-price through multi-storeization and large-scale sales. The domestic large retailer market is as set forth below [Attachment 2], and the name of “stock company” is omitted in the case of B (hereinafter “stock company”).
(2) The Plaintiff and C formed a competitive zone in the middle of the 1st River basin and 2016. As of the 2016. [Attachment 2] The Plaintiff and C occupy approximately 70% of the market share in the entire market as of 2016. [Attachment 2] The market share in the company name (unit: KRW 11,631,2283.3%, 6,746,805 19.3% C5,821,774 16.7% D 16.7%, 3,500, 396 10.0% E 3,14, 776.0%, F2,196.0%, 196, 06.37.0%, G1, 354, 2039, 579, 206.7% of the major purchase type of a large retailer and 2.7% of the large retailer.