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(영문) 서울서부지방법원 2016.02.04 2015고단2464
독점규제및공정거래에관한법률위반
Text

Defendants shall be punished by a fine of KRW 20 million.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B The Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) is a company specializing in convenience stores, which owns more than 2,100 member stores in Korea, and is a business operator under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act, and Defendant A is the head of the business management headquarters of the above company.

1. Defendant A

(a) A credit card Ban (N and Valeed Nwork) service means that credit card companies (VN) build a communication network between credit card companies and credit card stores and act as an agent for credit card inquiries and approval, purchase of credit card sales slips, cash receipt services, etc. in the process of paying and settling credit cards. The primary business targets of BanN are chain stores, and BanN stores are installed in the BanN stores and receive profits by providing Ban service through the terminal.

Defendant

On December 1, 2003, the company entered into an agreement with the private E company (hereinafter “E”) and entered into an agreement with the private party to receive fees of 10 won per case of the issuance of cash receipts at any time during the contract period. On March 1, 2007, the company: (a) entered into an agreement with the private party E company (hereinafter “E”); (b) on April 1, 2009, upon entering into an agreement with the private party E company (hereinafter “E”); (c) concluded an agreement with the private party to receive fees of 3 years and 10 won per case of the issuance of cash receipts; and (d) on April 1, 2009, the company unilaterally notified the private party E to terminate the said agreement; and (d) concluded an agreement with the private party E company (hereinafter “G”) which is an agent of F company to receive the fees of 4 years and 6 years of the contract; and (e) concluded the agreement to receive the fees of 70 million won per cash receipt.

The main revenue source of the BanB shall receive approval fees, purchase fees, and cash receipts received in return for the purchase of credit card inquiries, approvals, and sales slips, and for cash receipt services as an agent.

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