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(영문) 서울고등법원 2019.08.22 2018누38644
시정명령및과징금납부명령취소
Text

1. The plaintiff's claim is dismissed.

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

Purport of claim and appeal

Defendant on 2018.

Reasons

1. Basic facts

A. The status and general status of the Plaintiff, etc. 1) omitted the “stock company” from the name of the Plaintiff, C, D, E, F, G, and H Co., Ltd. (hereinafter referred to as “stock company”), and all of them are “business operators including the Plaintiff, etc.”

) The former Monopoly Regulation and Fair Trade Act (amended by Act No. 14813, Apr. 18, 2017; hereinafter “former Monopoly Regulation and Fair Trade Act”) providing business of producing and selling cables.

Article 2(1)(2) The Plaintiff’s general status is as indicated below.

Table 1 (As of December 31, 2016, as of December 31, 2016, units: 659, 500 2,232 168 908 July 2, 2008, 2015,080 685,138,9832, 889 9589 95895, 2014,07,080 7,525,525,52, 197,6100

B. 1) The concept and characteristics of cables are as follows: cable market structure and actual condition 1) Cables and cables consist of two clothes in which body and body are enclosed with a line that performs the function of transmitting electric signal or electric energy between certain points. The body functions as electric currents; the body functions as a tool to protect the body part; the body part is not damaged; and the body part is subdivided into external and smoke; 2) In the case of general cable products with low added value in the domestic cable market, competition between small and medium enterprises is heated; however, in the case of special products with high added value, large-scale investment facilities are required and technical entry barriers exist; and only a small number of conglomerates participates in the market.

In Korea, large enterprises such as H, F, and C occupy about 60% of the total cable market is maintained.

Cable industry is an industry with a high connection with facility investment in Korea and abroad and can be divided into the government supply market and the market market according to the demand source, and the market market may be further divided into the public demand bid market and the general market market.

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