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(영문) 서울고등법원 2013.09.13 2013누3568

시정명령및과징금납부명령취소

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1. The plaintiff's claim is dismissed.

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

The defendant of the claim was dated December 26, 2012.

Reasons

1. Details of the disposition;

A. The Plaintiff’s status B business division (hereinafter “Plaintiff”) is a retailer who sells various kinds of goods for ordinary use at the same store with an area of not less than 3,000 square meters and whose sales revenue of retail business for the immediately preceding business year is at least 100 billion won, and thus constitutes a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”). The Plaintiff’s status as the Plaintiff constitutes a specific type of unfair trade practices and the criteria for designation and notification (hereinafter “large retail store business notification”) and specific types of and criteria for designation and notification of large retail business under Article 2(1) of the Fair Trade Act (Notice No. 2008-10 of the Fair Trade Commission notification of Jan. 31, 2008; hereinafter “large retail store notification”).

B. The market structure and actual condition of a discount store refer to a store which generally sells goods at a retail store at a price lower than the ordinary market price by rationalizing distribution and sales structure, such as large-scale purchase, mass display, sales of low-scale and high-speed bars, and accelerator services, with a store with a store size of at least 3,000 square meters under the Distribution Industry Development Act.

Major Supermarkets are identical to department stores in that they deal with multi-products, but they are differentiated in that they sell at low prices at low prices through high power plants and low-cost operations, and accordingly, there are differences in the tendencys of consumption groups, which serve as a separate market in competition.

In addition, large-scale discount stores are distinct from conventional retail businesses in terms of attracting large-scale retail sales to one-to-saw shopping by a variety of product composition in a single large-scale store.

Domestic large retailer.