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(영문) 서울고등법원 2019.07.03 2018누53643
과징금 부과처분 등 취소 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 31, 2012, the Plaintiff and the general status of the Plaintiff, D Co., Ltd., E Co., Ltd., E Co., Ltd., E Co., Ltd., F Co., Ltd. and F Co., Ltd. were divided into the manufacturing and sales sector. Accordingly, the divided surviving Co., Ltd. changed its trade name to “Co. G,” and the divided company established “F,” which is the newly incorporated

When the former F Co., Ltd. ends the collaborative act before the division, G Co., Ltd. was disposed of against G, a surviving company after division.

A corporation G shall not engage in the business of manufacturing and selling electric wires for ship after the division.

(hereinafter referred to as “stock company” is a business entity that manufactures and sells electric wires, etc. for vessel use (hereinafter referred to as “Fair Trade Act”) and is a business entity defined in Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as “Fair Trade Act”).

The general status of the plaintiff is as listed below.

(At the end of the pertinent year, units: 2017 93,752,752, 3,050, 208, 96374, 506 1,988 61,7716, 2016, 93, 752, 252, 22, 975, 829102, 29749, 2098 2015, 93,752, 975, 829102, 29749, 232, 155 2014, 93, 7523, 425, 109, 6265, 6139, 208, July 1, 2008

B. 1) The current market situation of electric wires for ship use 1) The domestic electric wires industry for ship use is the main place of order by large shipbuilding companies such as H and I, and the shipbuilding is largely divided into the upper line and the maritime sector.

The shipbuilding sector refers to electric wires used for large vessels, such as container ships and LNG ships, and the maritime sector refers to electric wires used for oil drilling ships or plants.

In the case of electric wires for ships, large-scale investment is required, and there is a technical entry wall, and only several companies participate in the market.

In Korea, the plaintiffs, D, F, etc. participate in the market, and the current status of sales and market share of electric wires for domestic vessels by company are as follows:

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