1. Attached Form 1 “Corrective Order, Warning, and Penalty Surcharge Payment Order,” which the Defendant issued against the Plaintiff by a resolution B on November 24, 2016.

Basic Facts

The plaintiff is a large-scale distributor who receives goods used by consumers from a large number of business operators and sells goods at a store with a total area of at least 3,000 square meters.

As of the end of 2014, the scale of the domestic large retailer market was 35.6 billion won, and the overall scale of the market has been continuously growing until 2013, and the impact of the large retailer's business hours restrictions and mandatory suspension measures on large retailer's stores, which were enforced in 2012, has been reduced.

The market share of the plaintiff, C(hereinafter referred to as "stock company") and D in the name of the company is 70%, and the share of the plaintiff among them is the highest 29%.

In comparison with the Plaintiff’s act, etc. before advertising, the Plaintiff advertised, “Cibibly lowers the price,” “Cibibly lowers the food price necessary for the life saving” through the former part of February 5, 2015. However, among advertising products, the selling price of E (700ml), F (700ml), G (700mlx 2) was the same as that of the former advertising.

(hereinafter “instant No. 1”). In advertising “11 event,” the Plaintiff advertised that “11 event” as indicated in the previous market price through newspapers and the former from October 2, 2014 to March 12, 2015. However, the Plaintiff advertised that “11 event” of the previous 11 selling price as indicated in the Table No. 1, but the public notice of the type and designation of the previous 11 selling price (amended by the Fair Trade Commission Notice No. 2015-15, Oct. 23, 2015; hereinafter “type notice”).

II. 3. D.

(1) In applying the provision of paragraph (1), the term "previous market price" as defined in the notice of type means the "price attached to the product in question for the extended period of time (20 days wide) of the same product, in which the enterpriser had sold the product for the same period of time (20 days wide)" provided that it is between the above period and that period