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(영문) 서울고등법원 2015.07.24 2014누55412
시정명령등취소
Text

1. Of the Defendant’s resolution of the plenary session on March 11, 2014, the amount of KRW 166,00,000 against the Plaintiff is KRW 166,00.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to the Plaintiff’s violation of an unfair collaborative act under Article 19(1)8 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 10166, Mar. 22, 2010; hereinafter “former Monopoly Regulation and Fair Trade Act”) and thus, constitutes an unfair collaborative act under Article 19(1)8 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 10166, Mar. 22, 2010; hereinafter “former Monopoly Regulation and Fair Trade Act”), and thus, the Defendant’s corrective order and penalty surcharge payment order issued against the Plaintiff, etc. based on Articles 21 and 22 of the former Fair Trade Act, did not meet the requirements for unfair collaborative act, or the Plaintiff’s corrective order and penalty surcharge payment order were issued against the Plaintiff, etc. based on the Plaintiff’s unfair collaborative act, and thus, did not meet the requirements for unfair collaborative act, and the Defendant’s corrective order and penalty surcharge payment order were unlawful.

[Attachment 2] [Attachment 2]

B. The premise fact-finding 【Evidence 【A-1-6, 12-1-1, 15, 16-2-1, 2, 3, 4, 3, 4, 4, 5-1, 2-2, 6, 7-1-2, 8, 6, and 7-1-21, 6, 7-2, 8, and 7-1-2, 6, and 7-1-2, 6, and 7-1, 1, the Plaintiff, the Plaintiff of the Bank of Korea, the Plaintiff of the Bank of Korea, the Plaintiff of Linbya Co., Ltd., the Lina Co., Ltd., the company of Linaina Co., Ltd., the purpose of which is to manufacture and sell boiler-related products, and the company which continues to exist after a large-scale industrial complex development plan, which operated the boiler manufacture and sale business.

Five companies, including the Plaintiff, are “business entities, including the Plaintiff,” and individually “Jindong,” and “Ninna,” respectively.

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