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(영문) 서울고등법원 2018.01.25 2017누62138

시정명령및과징금납부명령취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of the disposition [based on recognition] without dispute, entry of Gap evidence 1, 3, Eul evidence 1 through 5 (including each number, hereinafter the same shall apply), and the purport of the whole pleadings;

A. The Plaintiff’s general situation is a large franchise and retail business operator under Article 2 subparag. 1 of the Fair Transactions in Large Franchise and Retail Business Act (amended by Act No. 14136, Mar. 29, 2016; hereinafter “Large Franchise and Retail Business Act”), who sells goods used by consumers using a store with a total sales area of at least 300 square meters in retail business.

The general status of the plaintiff shall be as follows:

Now 1 No. 2,844,41,521,521,552,196,061130,2175 2,799,358 1,577,248 2,042,52,526 145,7014, 2014 2,648,721,68,687,402,404, 132,284,284, 132,284, for net income for the net income for the total amount of total amount of total amount of assets classified by the Plaintiff’s general status.

B. As of the end of May 2015, there are 14 department stores in Korea, and the number of stores is 105.

The number of stores is 63, among 14 brands, the top-class three brands, Hyundai department stores, and New World department stores, which are 24 department stores in thisland, five gallonian department stores, five gallonian department stores, and five gallon, and the remainder is one through two gallon department stores in regional department stores.

B) Major forms of transaction by a department store with suppliers, etc. are classified into a special contract purchase transaction, direct purchase transaction, and sales lease transaction. Special contract purchase transaction is a method of paying the supplier the sales amount of the goods after deducting the sales commission from the sales commission to the supplier on credit on the condition that the department store may return the goods that have not been sold among the goods purchased from the supplier.

The nature of lease transactions and direct purchase transactions.