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(영문) 서울고등법원 2019.02.13 2018누64285

과징금 부과처분 취소 청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Plaintiff

On December 31, 2012, the Plaintiff, B, C, and D Co., Ltd.: (a) divided the manufacturing and sales sector into two parts; (b) accordingly, the divided surviving company changed its trade name into “C,” and (c) incorporated “D,” a divided company.

The defendant Co., Ltd. was disposed of to E, a surviving company of division, when D et al. completed the collaborative act before the division.

E shall not engage in the business of manufacturing and selling electric wires for ship after the division.

(hereinafter referred to as “stock company” is a business entity that manufactures and sells electric wires, etc. for vessel use, and is stipulated in Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (amended by Act No. 14813, Apr. 18, 2017; hereinafter “Fair Trade Act”).

The general status of the plaintiff is as listed below.

연도 자본금 매출액 영업이익 당기순이익 상시종업원 설립일 2017 56,893 0 Δ1,439 Δ4,663 5 1968. 6. 11. 2016 56,893 2,235 Δ448 Δ3,952 11 2015 56,893 2,800 Δ1,630 Δ5,286 18 2014 56,893 118,304 1,901 Δ2,934 19 (해당년도 말 기준, 단위: 백만 원, 명) 시장구조 및 실태 선박용 전선의 시장현황 국내 선박용 전선 전선(케이블)은 일정 지점 사이에 전기신호 또는 전기에너지를 전달하는 기능을 수행하는 선을 말하는데, 크게 도체와 도체를 감싸는 피복 두 부분으로 구성되어 있다.

Industries are the main place of order by large shipbuilding companies such as F and G, and they are largely divided into the shipbuilding sector and the maritime sector.

The shipbuilding sector refers to electric wires used for large vessels, such as container ships and LNG ships, and the maritime sector refers to electric wires used for oil drilling ships or plants.

For electric wires for ships, large-scale facility investment is required, and technical entrance walls are installed.