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(영문) 서울고등법원 2015.12.16 2014누8249

시정명령등취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts recognized;

A. The status of the Plaintiff et al. and the Korea Electric Cable Co., Ltd. (hereinafter referred to as the “Stwitdong Co., Ltd.”), the Plaintiff et al. and the Korea Electric Cable Co., Ltd. (hereinafter referred to as the “Stwitdong Island”), and the trade name was changed to “Twitdong” on September 8, 2010, and the trade name was changed to “Twitdong” around October 2013, while the trade name was changed to “Twitdongdo”.

In order to distinguish it from other business operators of the same trade name, the "Twitdo" shall be referred to as the "Twitdo".

(hereinafter referred to as "the 14 business entities, including the plaintiff, etc.") is a machine measuring which uses the amount of electricity for a certain period of time in the electric meters, and is largely divided into the mechanical electric meters and the electronic electric meters.

A corporation whose business purpose is manufacturing and selling business, etc. is a business operator under subparagraph 1 of Article 2 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as the "Fair Trade Act").

On the other hand, Korea Electric Power Production Business Cooperatives and Korea Electric Power Production Business Cooperatives (hereinafter collectively referred to as "each of the instant cooperatives") are non-profit incorporated associations established to promote the sound development of electric power generation business and the promotion of mutual welfare among the members, which are stipulated in subparagraph 4 of Article 2 of the Fair Trade Act.

B. A summary of the Korea Electric Power System tender market (hereinafter “Korea Electric Power Corporation”).

The method of bid for the limit of volume of electricity is largely divided into “the minimum desired quantity of bid” and “the eligible bid method”.

The former shall award a contract from a business operator who has made the participating business operator to cover the desired quantity and amount of the total ordered quantity after having the business operator participating in the tender cover the desired quantity and amount.