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(영문) 서울고등법원 2017.08.17 2016누1068
시정명령등취소 청구의소
Text

1. Of the corrective orders and penalty surcharge payment orders listed in attached Form 1, which the Defendant rendered to the Plaintiff via a resolution B on November 24, 2016, Article 1-1 of the Defendant’s Order.

Reasons

1. Fact that there is no dispute over the facts of recognition [based for recognition], entry of Gap evidence 1, 2, Eul evidence 1 through 8 (including each other number), and the purport of the whole pleadings;

A. The Plaintiff’s status and the general status are large-scale distributors who receive goods used by consumers from multiple business operators and sell them at stores with a total store size of at least 3,000 square meters.

The general status of the plaintiff is as follows.

Plaintiff’s general status (as of December 31, 2015, as of December 31, 2015, as of KRW 57,45426,020,706, 16,17,331 (as of KRW 304,41,960) of the total amount of capital for the net income for the total amount of capital as of July 2, 1970.

B. As of the end of 2014, the market structure and the actual condition were as follows: (a) the scale of the domestic large retailer market was KRW 35,60,000,000; and (b) the overall scale of the market was growing by up to 2013; and (c) the impact of the large retailer’s business hours restrictions and mandatory suspensions, etc.,

As of 2014, the share of the upper three companies, such as C, D (hereinafter referred to as “stock company”) and E operated by the Plaintiff is 70%, and the share of E is 15%.

(C 29%, D 25%). (c)

The Plaintiff’s advertising activities 1) The Plaintiff’s advertising activities are as follows: “The price of pre-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de

2) The advertisement of this case hereinafter referred to as “the advertisement of this case No. 2”

(2) The term “3 advertisements of this case” refers to the term “20% discount of all the goods used for camping purposes” (hereinafter referred to as “instant 3 advertisements”).

) The “minimum price before the Do” (hereinafter “instant 4 advertisements”) is as follows.

The sales price of the goods listed in the attached Table 1 shall be as indicated in the “pre-sale price” column.

The details of the pre-sale advertisement, such as the “minimum price before the Do”, and the sales price for the product type of the pre-sale marketing advertisement prior to the advertisement shall be established during the period of application of the name of the product.

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