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(영문) 서울고등법원 2015.12.09 2015누35934
시정명령등취소
Text

1. The plaintiff's claim is dismissed.

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

The defendant of the claim on October 23, 2014.

Reasons

1. Facts recognized;

A. In the case of the Plaintiff, etc. and LSSP Co., Ltd. (hereinafter referred to as “contest for convenience”), the Plaintiff, etc. and the Plaintiff, etc. and the KSP Co., Ltd. (hereinafter referred to as “12 business entities including the Plaintiff, etc.”) constitute a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”), which aims at manufacturing and selling low voltage electronic electric power meters, etc., and thus constitutes a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

Korean Electric Power Production Business Cooperatives, Korean Electric Power Production Business Cooperatives (hereinafter referred to as "No. 1 Cooperatives," and "No. 2 Cooperatives," respectively referred to as "each of the cooperatives of this case") 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 referred to in Article 2 subparagraph 4 of the Fair Trade Act.

B. A summary of the electric power meter market is a machine measuring which used the volume of electricity for a certain period of time, and is divided into the mechanical electric system and the electronic electric system. The electronic electric system is less than the mechanical electric system, and the entry wall is lower than the mechanical electric system. The Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”).

In accordance with the plan to completely replace the existing mechanical electric power system with the electronic electric power system, the low-tension electronic electric power system was purchased from 2007.

The electric power system supplied to homes, commercial buildings, factories, etc. after Han electric power plant purchases through bidding is at least 90% of the total demand for electric power system.

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