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(영문) 서울고등법원 2019.08.29 2019누34403 (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 instant disposition

A. 7 companies, including the Plaintiff, etc., and the status and general status of C companies, 1) Plaintiff et al., 7 companies including the Plaintiff, and D (hereinafter “stock company”) are omitted in describing the name of the company.

) Seven companies, including E, F, G, H, and I (hereinafter “Plaintiff”) are seven companies.

The Monopoly Regulation and Fair Trade Act (hereinafter referred to as the “Fair Trade Act”) shall apply to a person who is engaged in the business of manufacturing and installing the same device.

(2) Article 2 subparag. 1 of the Act on the Promotion of Purchase and Support of Small and Medium Enterprises (hereinafter “the instant association”) provides for the following matters: (a) The Plaintiff’s general status is a business entity as provided in Article 2 subparag. 1; (b) Plaintiff 1,000 full-time employees of net income for the net income for the total amount of capital gains from the total amount of capital gains; (c) Plaintiff 1,797, 383, 143, 1443, 342 of the instant association; (d) the C association is a business entity organization established in 1962 for the purpose of promoting the common interest of the business entities engaging in the business of telecommunications and broadcasting equipment; and (e) the adjustment of the business among the members of the association or the infringement of the business sector of the relevant association by a person who is not a small and medium business entity.

On the other hand, the association of this case is also a member business operator who runs multiple-use file, data circulation device, and telephone network connection device business in addition to the same device business operator.

Based on Article 21 of the LA, Article 13 of the instant association’s articles of association, and Articles 10 and 11 of the instant association’s collection rules, the instant association collects 2% of the contract amount (excluding the value-added tax) from the members of the same group when the members of the same group participated in the bidding for the purchase of the same system and won a successful bid.

(b) the definition of the current market situation 1 sets and that of the same kind of security;

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