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(영문) 서울고등법원 2015.06.10 2013누21634

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. On July 2, 2008, the status of the Plaintiff et al., the Plaintiff et al., and the International Comprehensive Machinery Co., Ltd. (in the case of convenience corporations, the portion of the corporation, among the names of the corporations, are not stated separately), Dongyang Industries Enterprises, LSSSS and LSMM LSS LSS LSS were originally trade names, but the trade names were changed as at the present when dividing the investment business and the mechanical business sections into the machinery business sections. From that time, LSM theory, a newly incorporated corporation, was engaged in the mechanical business sector of LSS Wire.

(hereinafter referred to as “the instant agricultural machinery manufacturer”) is a corporation whose business purpose is manufacturing and selling agricultural machinery, etc., and which is defined in Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

(b) Characteristics and current status of the agricultural machinery market (1) the agricultural machinery market is a farmer whose income level is relatively low for the agricultural machinery market.

Therefore, the domestic agricultural machinery market is more affected by government policies such as financial support for purchasing agricultural machinery than general market principles.

It is difficult to replace agricultural machinery with human resources, livestock, etc. easily, so there is a low demand for the change in the game or price.

(2) The production of agricultural machinery requires various kinds of agricultural machinery according to the specific contents of work for production or crops, due to the characteristics of agricultural production which is greatly affected by season.

Therefore, the manufacturing industry of agricultural machinery generally has the characteristics of "multi-variety production".

(3) To engage in the manufacture and sale of agricultural machinery, a nationwide distribution network and post-management network must be established.

In addition, consumers need considerable time and investment until the brand value is formed by strong tendency to preference existing brands more favorable in terms of quality guarantee and heavy sales.

This is new.