The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. As to the allegation in the grounds of appeal as to the reported price collaborative act

A. As to the establishment of a collaborative act with reported prices (Ground of appeal No. 1) 1), the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) provides for “Fair Trade Act”

Article 19(1) of the same Act prohibits “agreement on an act of unfairly restricting competition.” The essence of the agreement lies in not only the express agreement but also implied agreement among two or more business entities. As such, it cannot be determined that there exists an external agreement consistent with the acts listed in the subparagraphs of the above provision. However, it may be recognized that there was an agreement in a case where circumstances to recognize the reciprocity of the communication between business entities are proven (see, e.g., Supreme Court Decision 2012Du17421, Nov. 28, 2013). Meanwhile, the court determined whether the main fact is not true in accordance with logical and empirical rules based on the ideology of social justice and equity by free evaluation of evidence (Article 8(2) of the Administrative Litigation Act, Article 202 of the Civil Procedure Act), and its determination belongs to the exclusive authority of the fact-finding court, unless it exceeds the bounds of the principle of free evaluation of evidence (see, e.g., Supreme Court Decisions 2012Du17421, Mar. 23, 2016).

The Plaintiff and International Comprehensive Machinery Industry Cooperatives (hereinafter referred to as the “Co., Ltd., among the names of corporations for convenience purposes, are omitted), Daedong Industries, LS and LSMM (hereinafter referred to as the “instant Co., Ltd.”) reported the price of agricultural machinery to the Korea Agricultural Machinery Industry Cooperatives through the Korea Agricultural Industry Cooperatives or to the Ministry of Agriculture and Forestry in each quarter ( January, April, July, October), and the Ministry of Agriculture and Forestry until December 31, 2010.