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(영문) 서울고등법원 2013.12.04 2012누24339
시정조치 등 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 12, 2012, the Defendant issued a corrective order and an order to pay a penalty surcharge of KRW 6.26 million to the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff committed an unfair collaborative act under Article 19(1)1 of the Monopoly Regulation and Fair Trade Act, together with C, D, E (hereinafter “C, D,” “E,” and all of these four companies, as follows:

Plaintiff

When C at a meeting of the representative of the F Company, which was held at the end of December 2000 or January 2001, increases the FF price first, it decided to join the other business operators to raise the FF price, and thereafter, from May 2001 to July 2001, C first prepared the price increase for six times until February 201, 201, and provided other business operators with information on the details, time, etc. of price increase, it agreed to determine the FF product ex-factory price at the same or similar level at a similar time as the ex-factory price by exchanging the price increase based on it.

(hereinafter referred to as the “instant collaborative act”). / [Based on recognition] A’s evidence 1-1 and 2

2. Whether the instant disposition is lawful

A. 1) The Plaintiff’s assertion did not appear to have conducted the instant collaborative act with other F companies, and the fact that the ex-factory price of F products was equal or similar to that of other F companies was raised is merely a food concurrent act that appeared due to the dynamic structure in the F market and the government’s price regulation. 2) In light of the facts acknowledged by this court, the Plaintiff’s assertion is based on the following facts and circumstances acknowledged in light of Gap’s evidence Nos. 7, 9-11, Eul’s evidence Nos. 1-45, 47-57, 60-80, 82, 85-8, 91-8, 91-107, 109-116, 118-122, 124-127, 132-135 (including a serial number):

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