logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2010.11.25 2009누38390
시정명령 등 취소청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either of the parties to a dispute or of Gap evidence Nos. 1, 10, and Eul evidence Nos. 1 to 101 (including each number), and of witness C’s testimony.

The Plaintiff and D Co., Ltd., E Co., Ltd., F Co., Ltd., G Co., Ltd. (hereinafter “D”), E Co., Ltd., “E”, “F”, and “G” among the above companies, are manufacturers and sellers of beverages, and they constitute business operators under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

The general status of five boxes of beverages shall be as follows:

Pursuant to Table 1, the current status of five beverages (as of December 31, 2008, units: 6,639, 639 6,786 1,81,421,60,093 59,041 on November 23, 1999, 140,400, 288, 288, 483 △△△△ 40,930 △△ 48,098, 000, 198, 289, 375, 9834, 95937, 36, 8036, 197, 196, 197, 196, 196, 200, 289, 370, 196, 196, 197, 16, 197, 197

B. The current status and structure of the beverage market (1) beverages are classified into fruit beverages, carbon beverages, and other beverages in accordance with raw materials and manufacturing methods. Fruits beverages refer to alcoholic beverages that are processed by fruits or vegetables, and carbon beverages refer to alcoholic beverages that are mixed with drinking water and additives and then injecting carbon gas.

The term "other beverages" means beverages, such as coffees, functional beverages, teas, two milks, drinking spring water, etc., which are referred to other beverages.

Products manufactured and sold by five manufacturers are as follows. While the plaintiff, D, and F are all producing fruits, carbon, and other beverages, G does not produce fruit beverages, and E does not produce carbon beverages, respectively.

D Plaintiff F G E-M drinks HJ H L LM N P PP SEW made by five drinks 2.

arrow