The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal Nos. 1 and 2

A. Prior to the partial amendment by Act No. 11406, Mar. 21, 2012, the former Monopoly Regulation and Fair Trade Act

The Fair Trade Act (hereinafter referred to as “Fair Trade Act”)

Article 23(1) of the Enforcement Decree of the Monopoly Regulation and Fair Trade Act (hereinafter “Enforcement Decree of the Fair Trade Act”) provides that “an enterpriser shall not engage in, or cause his/her affiliated company or other enterprisers to engage in, any act that falls under any of the following subparagraphs and that is likely to impede fair trade (hereinafter “unfair trade”).” Article 23(1) provides that “an act that is subject to unfair restraint on business activities of the other party to a trade or interferes with business activities of any other enterpriser.” Article 23(2) provides that “The types or criteria of unfair trade practices shall be prescribed by the Presidential Decree.” This delegation by the Enforcement Decree of the Monopoly Regulation and Fair Trade

) Article 36(1) [Attachment 1-2] of the Fair Trade Act provides that “The restriction on trading area or trading partner is limited” as a type of an act of trading under the conditions that unfairly restrict the business activities of the other party to the transaction under subparagraph 7 of attached Table 1-2, namely, Article 23(1)5 of the Fair Trade Act, and that “an act of trading under the conditions that unfairly restrict the trading area or trading partner in trading goods or services.”

In full view of the purport of the text and structure of the relevant laws and regulations, if an enterpriser conducts an act of restricting under the conditions binding the other party on the other party when trading goods or services, it falls under the former part of Article 23 (1) 5 of the Fair Trade Act.

B. The lower court: (a) the Plaintiff and other mobile carriers.