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(영문) 서울고등법원 2019.12.12 2019누45793
부당공동행위에 대한 경고처분 취소 청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status and general status of the Plaintiffs, A, B, and C (hereinafter respectively referred to as “A, B, and C,” and their total referred to as “the Plaintiffs”) are business operators engaged in the manufacture of materials and construction business related to the electrical construction business under the Electrical Construction Business Act, as prescribed by Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as “Fair Trade Act”).

The general status of the plaintiffs is as shown in Table 1 below.

In Table 1, the general status of the plaintiffs (unit: KRW 14,400, 12,57 10, 2016, April 24, 2015, A. 2015, A. 480 480,40,400 12,557 10, 2016, Nov. 20, 200, 2016, at least 3751, 936 749 1,04, 3641, 36736363, 19415 3673,250,2382,238, 298, 78848 884, Nov. 20, 2003.

B. The Plaintiffs related to the Plaintiffs are comprised of most executives of three companies centered on A’s representative director E in a family relationship, and share shares are shared.

The status of the plaintiffs' officers and employees and shares held by them is as listed in the table 2 below:

E 15,31.94% G 11,156 23.24% G - - B 18,000 - F spouse 17,50 45,50 39.00 - 17,50 - 39.00 - 17,50 - 39.00 - 17,50 - 39.00 - 39.00 - 45,000 - 39.0 00 - 17,50 - 39.0 0 - 9,450 - 39.0 0 - 39.0 - 13,50 - 13,50 - 205 - 4,000 - 13,50 05 - 1,000 - 4,000 - 2,05 - 14.20

C. From January 19, 2015 to January 24, 2018, the Public Procurement Service that participated by the Plaintiffs regarding the purchase of electrical equipment and appliances.

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