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(영문) 서울고등법원 2017.10.13 2017누41087

시정명령등취소

Text

The Defendant’s corrective orders and orders listed in attached Form 1, which was issued against the Plaintiff by Decision No. 2015-173 on May 20, 2015.

Reasons

1. Basic facts and details of disposition [based on recognition] without dispute, Gap 1, and the purport of the whole pleadings;

A. The Plaintiff’s status and current status are large franchise and retail business operators under Article 2 subparag. 1 of the Act on Fair Transactions in Large Franchise and Retail Business (hereinafter “Large-Scale Distribution Business Act or the Act”), who sell goods used by consumers after being supplied by multiple business operators and uses a store with a total area of at least 3,000 square meters for retail business in the immediately preceding business year, and whose retail sales amount is at least 1,00 million won.

The general status of the plaintiff is as follows.

(As of March 2014, 201. 145, 201. 145, 216, 15, 181. 16, 121, 838. 16, 562, 962, 9361, 018, 2057, 7497, 8497, 565,585,588, 86666, 3639, 475, 205, 207, 2057, 114, 5666, 839, 845, 885, 201, 2013, 201, 2013, 201, 201, 2013, 1457, 206, 3638, 385, 1964, 2085

B. Market structure and major form 1 of a large retailer generally provides stores with a total area of at least 3,00 square meters under the Distribution Industry Development Act and sell goods at retail stores at a price below ordinary market prices by rationalizing distribution and sales structure, such as large-scale sales, mass display, sales of goods from low-scale and high-speed circuits, and accelerator services. The market size of a domestic large retailer is estimated to an amount of at least 38.7 billion won as of 2012 as of the year 201, and the upper three large-scale retail stores, including the Plaintiff, account for at least 67.7% of the total market share. The market share of the large-scale retail store is as follows. (unit: KRW 3: 28.4% of the total sales in December 37, 2011, 2038.4% of the market share of 28.28% of the total sales in December 37, 2012.