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(영문) 서울고등법원 2018.09.12 2017누81511 (1)
시정명령등취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. C Passenger Vehicle D Co., Ltd. and D Co. 1) The Plaintiff, E Co., Ltd., F Co., Ltd., G Co., Ltd., H Co., Ltd., H Co., Ltd., I Co., Ltd., J Co., Ltd. and K Co., Ltd. (hereinafter the above 8 companies “this case Dler”) are “H” in the company’s description, and H Co., Ltd. is “H”.

D) D Co., Ltd. (hereinafter “D”)

(D) The former Monopoly Regulation and Fair Trade Act (amended by Act No. 11406, Mar. 21, 2012; hereinafter “Fair Trade Act”) provides that a business operator who sells a C car and operates a C car repair service through a self-service center is a business operator who imports a C car from the head office of Germany to sell it to the instant endr in Korea and sells it to all of the business operators.

(1) The Plaintiff, etc., collectively referred to in Article 2 subparag. 1 (hereinafter “Plaintiff, etc.”) is a business entity as defined in Article 2 subparag. 1.

(2) The general status of the Plaintiff et al. is as listed below.

As of December 31, 2015, Plaintiff 1,620,871,36,54 on June 19, 2006, operating income for the representative on the date of establishment of the division (as of December 31, 2015, KRW 1,620,87136,554 on June 19, 2006, 114 E 707,79723,52015,259 on April 23, 2002, N202,709,709,319, 10, 126 G 126, 305, 248, 240, 246, 305, 246, 205, 364, 204, 205, 205, 305, 46, 204, 2046, 204

B. 1) Market structure and actual condition 1) The government's regulation has not increased significantly by the early 1990s, but since the mid 1990s, the domestic passenger vehicle market has grown in full scale due to the effects of global fire prevention and the reduction of customs acquisition tax accordingly. (A) The share of the imported passenger vehicle in the entire domestic passenger market was limited to 6.04% in 2008.

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