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(영문) 대법원 2016.11.24 2014다81511

손해배상(기)

Text

The judgment below

Among them, the plaintiffs stated in the list of destroyed plaintiffs in the attached Form 2 are the litigation acceptance of defendant E.S. corporation.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 3, on the grounds as indicated in its reasoning, the lower court determined that it is difficult to view that the Defendant EmIO (hereinafter “Defendant EmI”) committed the instant collaborative act jointly with the Defendant Em Energy Co., Ltd., the litigation process of the Defendant EmI Co., Ltd., the Defendant AmIx Co., Ltd., and the Defendant Hyundai MIC Co., Ltd. (hereinafter collectively “Co.”), or aiding and abetting the instant collaborative act by the Co., Ltd., Ltd. (hereinafter “Co., Ltd.”), or that it was difficult to view that the Defendant EmI would have increased the price of transit supplied by himself by being affected by the instant collaborative act, and that the Co., Ltd. could not

Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.

In doing so, there was no error by misapprehending the legal principles on liability for damages caused by collusion.

2. As to the grounds of appeal Nos. 1, 2, and 4

A. The judgment of the court below (1) On the premise that the plaintiffs' damages caused by the instant collusion can be calculated as "the actual purchase price for each plaintiff 】 the excess price per liter per liter per liter (the virtual purchase price - the virtual competition price)" (hereinafter "tax information data"), the first instance court's order to submit taxation information to the National Tax Service for the first instance court (hereinafter "tax information data") and the average daily transit purchase price per each plaintiff 2004 (from January 1, 2004 to June 30, 2004) multiplied by the number of days of the instant collusion period (from April 1, 2004 to June 10, 204) and then divided it into the average purchase price for each plaintiff for the instant collusion period by dividing it into "the purchase price for each plaintiff - the unit price for each plaintiff - the unit price for the collusion period", and the government's price for goods in kind (hereinafter "the price for goods in Singapore market") in Singapore market.