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(영문) 서울고등법원 2015.07.24 2014누8232
시정명령등취소
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

The defendant's intent of the claim is decided on October 23, 2014.

Reasons

1. Details of the disposition;

A. The Plaintiff’s status as the Plaintiff and the Jinjin Electric Co., Ltd., Esex Co., Ltd., Stex Co., Ltd., Twit Telecommunication Co., Ltd., Ltd., South Korean Electric Power Plant Co., Ltd., MSM Co., Ltd., Ltd., Ltd., Inc., Esteping, Ombudsman Co., Ltd., Ltd. (hereinafter “Plaintiff et al.”) and Kintedi Co., Ltd. (hereinafter “Plaintiff et al.”) fall under the category of 11 companies including Plaintiff et al. when they are jointly named with 11 companies including Plaintiff et al., and Korea Electric Nations Co., Ltd., Ltd. (hereinafter “Co., Ltd.”), as low-tension electronic power manufacturing and selling business operators under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

(b) An electronic electric power meter’s market structure of the electronic power meter is a machine measuring the use of power for a certain period of time, and an electronic electric power meter is less than the mechanical power meter, and the entry wall is low.

The Korea Electric Power Corporation (hereinafter referred to as the “Korea Electric Power Corporation”) purchased low voltage electronic power systems from 2007 in accordance with the plan to completely replace the existing mechanical electric power system with the electronic electric power system.

The total volume of electricity supplied to each household, commercial building, and factory by Han Jeon-chul purchased through bidding is at least 90% of the total volume of electricity, and the ratio of the plaintiff et al. directly trades with large constructors, etc. is not high.

C. At a total of 30 bids held in effect in 2008, nine business officers, including the Plaintiff, etc., including the Plaintiff, etc., hold meetings in the Plaintiff’s office, the Seocho Telecommunication Office, the A restaurant near the Yag-si located in king-si, and the Korea Underground Resting Office, etc. from the date of the tender to the date of the tender, the total of 30 bidding prices were allocated to each company and the bid prices were agreed.

The volume distribution shall be made by each company in the electric power-based market.

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