The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. As to the basic calculation criteria of penalty surcharges (ground of appeal No. 2)

A. Articles 22 and 55-3(1) and (3) of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 11406, Mar. 21, 2012; hereinafter “Fair Trade Act”) provide for the imposition of a penalty surcharge by Presidential Decree, in order to realize the administrative purpose of depriving an enterpriser who has engaged in an unfair collaborative act of unjust collaborative act of unjust economic benefits and suppressing the unfair collaborative act. In addition, in order to realize the administrative purpose of preventing the act of unfair collaborative act, the Defendant may impose a penalty surcharge not exceeding the amount calculated by multiplying the sales amount prescribed by Presidential Decree by 10/100 (two billion won in the absence of sales amount, etc.) on the enterpriser who has engaged in the unfair collaborative act, while imposing a penalty surcharge by taking into account the content, degree, period, and frequency of the act of violation, and the scale of gains

According to delegation, Article 9(1) of the former Enforcement Decree of the Monopoly Regulation and Fair Trade Act (amended by Presidential Decree No. 23864, Jun. 19, 2012; hereinafter “Enforcement Decree of the Fair Trade Act”) provides that “Sales prescribed by Presidential Decree” under Article 22 of the Fair Trade Act refers to the sales of related goods or services sold in a particular business area during the period of violation or the equivalent amount thereof (hereinafter “related sales”). However, the proviso provides that “in the event of bid collusion and other similar acts, it refers to the contract amount.” However, the meaning of the relevant sales related to the imposition of penalty surcharges on an enterpriser who has participated in the unfair collaborative act is clarified.

Furthermore, Article 61 (1) of the Enforcement Decree of the Fair Trade Act provides that the criteria for imposing penalty surcharges under Article 22 of the Fair Trade Act are as shown in attached Table 2, and accordingly, [Attachment Table 2] No. 2.