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(영문) 서울고등법원 2013.11.08 2012누24223
과징금 등 처분 취소청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff’s status as the Plaintiff and Samyang Food Co., Ltd., Mayang Food Co., Ltd., Korea Macoo Co., Ltd. (hereinafter “Macong”), Macoo (hereinafter “Macong”), Macoo”, and Macoo in the event of the combination thereof, “three company” in the event of the combination thereof, and if the Plaintiff and the Plaintiff together with three copies, “Plaintiff, etc.” constitutes a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. The Defendant’s disposition issued by the Defendant: (a) as of July 12, 2012, the Plaintiff increased the price in a line identical or similar to that of other companies; (b) as of the end of December 2000 or at the first meeting held on January 2001, the Plaintiff agreed to increase the price before the Plaintiff; (c) as of May 5, 2001 through July 201, 201, to increase the price in order from May 2001 to July 2, 201; and (d) as at the first meeting held on July 12, 201, the Defendant jointly determined that the Plaintiff’s act was identical or similar to the Plaintiff’s order of correction (hereinafter “instant order of correction”), if the Plaintiff changed the price in question by exchanging the price in question with one another, and then reflected it in the price in order at the price in question; and (d) recognized that the Plaintiff’s act constitutes an act identical or similar to the Plaintiff’s order of correction (hereinafter “instant order of correction”).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence No. 1, purport of whole pleadings

2. Whether the instant disposition is lawful

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