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All appeals are dismissed.
The costs of appeal by the plaintiff are assessed against the plaintiff and the defendant.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Case summary and key issue
A. According to the reasoning of the lower judgment on the case, the following facts are revealed.
1) In the name of each company, the Plaintiff and C Co., Ltd. (hereinafter “Co., Ltd.”) are omitted.
(3) In general, D (hereinafter collectively referred to as “three manufacturers”).
) The mobile telephone terminal (hereinafter referred to as “terminal”) is called a mobile phone terminal.
(i) the producer is the domestic supplier. At the time of 2010, the third manufacturer’s market share was about 85 per cent in total. In the domestic mobile communications service market, H, I, and J (hereinafter collectively referred to as “three mobile communications”).
2) Of the devices distributed in Korea, approximately KRW 85% of the device distribution structure (A) is competing with each other; (b) an agent, a sales store, etc. (hereinafter collectively referred to as “distribution network”) through a mobile carrier;
) The supply was made (hereinafter referred to as “business model”).
A) In the case of a device that is directly supplied from a manufacturer to a distribution network without going through a mobile operator, the mobile operator registered the mobile operator’s information, but was able to open the device. Accordingly, the structure of the mobile operator’s central distribution of the device was formed. (B) In the essential complementary relationship between the device and the mobile communications service, the consumer generally entered into a mobile communications service contract while purchasing the device from the distribution network.
The promotion method for mobile operators to pay subsidies was activated on the condition that mobile operators take the lead of the distribution of mobile devices and participate in mobile communications services.
3) Generally, the price at which a manufacturer sells a device to a mobile operator is called “supply price”, and the price at which a mobile operator sells a device to an agency is called “delivery price”.
2. Terminals;