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(영문) 서울고등법원 2019.01.11 2018누35034
과징금납부명령취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the Plaintiff, etc. and the general status of the Plaintiff, etc. 1) The Plaintiff merged I Co., Ltd. with the Plaintiff on July 1, 2015. The Plaintiff’s act of the I Co., Ltd. shall be stated as the Plaintiff’s act. The Plaintiff’s act of the I Co., Ltd. (hereinafter “Co.,

C) On May 12, 2014, it is the J’s subsidiary that was established by dividing the H project division of J into C’s act. hereinafter the act of J is written into C. D, E, F, and G are the entrepreneurs engaged in the business of producing and selling H, and are subject to the Monopoly Regulation and Fair Trade Act (amended by Act No. 14813, Apr. 18, 2017; hereinafter “Fair Trade Act”).

2) The Plaintiff is a business owner under Article 2 subparag. 1 (hereinafter “instant business owner”).

2) The general status of the Plaintiff is as follows.

In Table 1, the Plaintiff’s general status (as of December 31, 2016, as of December 31, 2016, the unit: 2016 667, 229 14, 376, 6231,277, 4210, 810, 389 11, 134 June 10, 1953, 2015 667,229 14,479,378 1,467, 7677 789, 390, 2632014 582,749 582,749, 032,931,439, 439, 994751,0653,753

B. H market structure and actual condition 1) H is diversified from 3 meters to 1,600 meters long (3 meters to 1,600 meters long).

(ii)In accordance with the shape, quality, size, etc., it is divided into several categories, depending on the method of manufacture, which is largely divided into non-degree H and ContacH, and ContacH is classified into single-class H and ContacH. In other words, ContacH is classified into electricity and low-end H and ContacH in accordance with the comparison method. H sales markets are classified into the case where the Korea Gas Corporation purchases through annual unit price tendering for gas pipes among melting H and the case where the Korea Gas Corporation directly sells to a large demand source such as a construction company or a public institution, and the case where the sales to a final demand source are made by mediating a distribution store such as an agency or sales store, processing sales store, etc., and the share in direct sales to the demand source is relatively higher.

.the Korea Gas Corporation.

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