1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. 3-B of the reasoning of the judgment of the court of first instance which cited the reasoning of the judgment of the court of first instance is to state this case.

The reasoning of the judgment of the court of first instance is the same as that of the judgment, except for a change in the whole of the following items:

2. The modified part;

B. 1) The method of calculating the amount of damages and the damages incurred by the Plaintiff’s illegal collusion in the relevant legal doctrine refers to the difference between the price formed by the collusion and the price formed in the event there was no collusion (hereinafter “provisional competition price”). As such, the virtual competition price should be calculated by a method that excludes only the price fluctuation arising from the collusion while maintaining other factors for price formation in the pertinent market where the collusion occurred while maintaining the other factors for price formation.

If there is no change in the economic conditions, market structure, terms and conditions, and other economic factors that affect the price formation of a specific product before and after the act of collusion, it is reasonable to calculate the virtual competition price on the basis of the transaction price after the act of collusion is terminated. However, if the factors affecting the price formation have remarkably changed after the act of collusion, such factors cannot be seen as if they were to be considered. In such a case, by analyzing the characteristics of the price formation of the product, economic conditions, market structure, terms and conditions, and the details and degree of the change in the economic factors, etc. of the price formation, and by calculating the virtual competition price, the difference in price caused by the price formation factors unrelated to the act of collusion should not be included in the scope of damages by calculating the virtual competition price.

(See Supreme Court Decision 2010Da18850 Decided July 28, 2011, etc.). Furthermore, in order to calculate the amount of damages caused by the instant collaborative act, F areas, production costs, and market structure in which the instant collaborative act was conducted.