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(영문) 서울고등법원 2012.11.28 2011누23674

시정명령 및 과징금납부명령취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 14, 201, the Defendant is a device that allows financial institutions such as a bank of financial automation devices to receive financial services directly, such as cash withdrawal, etc., and there is a CD with no deposit function and deposit function.

In accordance with the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”), four enterprisers, including the Plaintiff, etc., engaged in the manufacture and sale business (hereinafter “instant enterprisers”), were issued a corrective order and penalty surcharge payment order (hereinafter “instant disposition”), on the ground that they committed the following unfair collaborative acts:

On July 23, 2003, at the meeting of the president, agreed on the target selling price or the minimum selling price of financial automation devices through mutual communication between the former Promotion Association, the ATM council, or the executives and employees in charge of the business, or agreed on the bid price or the negotiated contract price for the consumers such as banks.

(hereinafter “Sales Price Agreement”). From September 2005 to September 2, 2005, the Bank of Korea issued the original note on January 2, 2006, the original note on January 22, 2007, and the original note on June 23, 2009.

(2) The term "financial automation device" means a machine or machine or machine or machine or machine or machine or machine or machine or machine or machine or machine or machine or machine or machine or machine or machine or machine or machine or machine or machine.

The agreement was reached from time to time, and the act continued until April 2009.

From July 2004, in order to publicly announce the execution of the agreement on the selling price of financial automation machinery and on the replacement price of new tickets, the distribution rate for each company shall be set in advance, and the bidding or private contract shall be concluded.