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(영문) 서울고등법원 2015.11.25 2015누792
시정명령 등 처분취소
Text

1. The Defendant’s corrective order and penalty surcharge payment order issued to the Plaintiff as the plenary session Resolution No. 2012-72 on May 4, 2012.

Reasons

1. Facts recognized;

A. The status of the Plaintiff, etc. (1) and the Korea Electric Cable Co., Ltd. (hereinafter referred to as the “Plaintiff, etc.”) as a manufacturing business entity and the Korea Electric Cable Co., Ltd. (hereinafter referred to as the “Fair Trade Act”) consisting of the Plaintiff, etc. and the Korea Electric Cable Co., Ltd. (hereinafter referred to as the “Plaintiff, etc.”) as a manufacturing business entity under the Monopoly Regulation and Fair Trade Act, where a corporation is divided or merged, or its trade name is changed, the part of the corporate name is not specified separately, and only the current trade name is stated in the name of the corporation, and where a corporation is divided or merged, the current trade name is stated), ELS, ion Cable, U.S. International Cable, Ilk Cable, Kuk Cable, Kukdong Cable, Kuk Cable, Seoul Electric Cable, Twit Cable, Daek Cable, Twit Cable, Twek Cable, Kuk Electric Cable, Twek Cable, Twek Cable, Twek Cable, Twek Cable, Twek Cable, and Stek Cable (hereinafter referred to “Plaintiff, etc.”).

On the other hand, the Korea Electric Cable Industry Cooperatives (hereinafter “Electric Cable Industry Cooperatives”) as an incorporated association is a nonprofit incorporated association established to promote the sound development of the electric wire industry and the enhancement of common interests among the members, and falls under the trade association under Article 2 subparagraph 4 of the Fair Trade

(2) On September 29, 2008, the Plaintiff filed an application for commencing rehabilitation procedures with the Daegu District Court 2008 Gohap21.

After the Daegu District Court decided to commence rehabilitation procedures on October 28, 2008, it decided to obtain the rehabilitation plan on April 20, 2009, and the rehabilitation procedure was completed on April 27, 2009.

B. The Defendant’s original disposition (1) on May 4, 2012, on the ground that 34 business entities including the Plaintiff, etc. and electric cable associations engaged in unfair collaborative acts prohibited under Article 19(1)1 and 3 of the Fair Trade Act (hereinafter “instant collaborative acts”), as follows, the Defendant issued a corrective order and a penalty surcharge payment order.

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