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(영문) 서울고등법원 2016.09.30 2016누41226
시정명령 등 취소청구의 소
Text

All of the plaintiff's claims are dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

Reasons

1. Facts that there is no dispute over the details of the basic facts and dispositions (applicable for recognition), the details of the dispute, the whole purport of arguments and arguments;

A. The Plaintiff, etc. is a company engaged in the manufacture and sales business of C, and D (hereinafter referred to as “stock company”) is a company incorporated with the main purpose of establishing, maintaining, repairing and selling C produced by the Plaintiff.

The Plaintiff and D are all business operators under Article 2 (1) of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

D closed on June 28, 2013.

B. A bidding outline (1) The method of checking water supply is divided into ① mechanical measuring instruments or digital measuring instruments to visit the accommodation (consumers who pay charges for using the water system) and confirm the mechanical measuring instruments or digital measuring instruments into the land; ② The method of automatically checking the measuring instruments installed in the mechanical type of measuring instruments of the accommodation by the inspection personnel by connecting the outdoor contacter with the inspection personnel by the inspection personnel; ③ The method of automatically checking the measuring instruments; ③ the digital measuring instruments of the reception personnel by installing telecommunications fastens and relays to the outdoor contacter; and

Since the end of 2010, the method of checking the total of 7,522,72, and 722, which are managed by local governments, accounts for the proportion of 98.3%, the outdoor automatic inspection method 1.4%, and the radio remote inspection method 0.3%.

(2) C used for an outdoor automatic inspection method in the concept of C is a water supply measurement technology that automatically sprinks the outside by installing a sprinkling device in the method of screening non-electric source images during the existing water meter, and connecting the outside to PDA from the outside, and is a water supply measurement system in the method of screening non-electric source images.

C The inspection terminal in the form of a camera installed in the existing measuring instrument, the outdoor connection device used as a vehicle for transmitting the data from the inspection terminal to the PDA, and the inspection image is output.

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