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(영문) 서울고등법원 2018.09.20 2018누48115

시정명령및과징금납부명령취소

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 through 6, Eul evidence 1 through 12 (including each number), the purport of the whole pleadings;

A. On September 29, 2005, the status of the Plaintiff et al., C Co., Ltd. (hereinafter referred to as “stock company”) and the name of the Plaintiff et al., D, E, F, G, H, I, H, I, J, K, L, M, and the name of the company was changed to M&A on January 11, 2012.

The term "as soon as possible" is called M even before January 11, 2012.

N.O is a business entity engaged in spatial data business, such as a geographic information system (Geogrash) under Article 2 subparagraph 1 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 14813, Apr. 18, 2017; hereinafter “Fair Trade Act”).

(hereinafter “Plaintiffs, etc.”). The general status of the Plaintiff’s business is as follows.

[Attachment 1] The general status (based on the end of the pertinent year, units: KRW 34,5019, 689 58, 135 1,564 945 2015 28,7028,7028,74646 45,647 1,055 549 36 2014,184,1848,168 40,147 792 1,181324,181,324

B. Market structure and actual condition 1) Spatial data industry refers to the location information of natural or artificial objects existing in spaces, such as above ground, underground, water, underwater, etc., and the information necessary for spatial recognition and decision-making related thereto, and “spatial data industry” refers to the industry that builds a system or provides services, etc. by producing, managing, processing, distributing, or combining spatial data with other industries (Article 2 subparag. 1 and subparag. 2 of the Spatial Data Industry Promotion Act 2014; 4,520 business entities engaged in spatial data industry; 7.1,27.35 million won for business entities engaged in spatial data industry; 50,000 won for sales; and 50,000 won for relevant employees.