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(영문) 서울고등법원 2016.11.23 2013누8037
시정명령 등 취소청구
Text

1. The Defendant’s corrective orders listed in [Attachment 2] No. 1 and 2, which was the plenary session EF on January 15, 2015, against the Plaintiff.

Reasons

1. Facts recognized;

A. The status and general status of the Plaintiff et al. 1) Plaintiff, D Co., Ltd., F Co., Ltd., G Co., Ltd., Ltd., E Co., Ltd. (hereinafter “D”), F Co., Ltd., “G”, and “E” collectively, and the said companies are “five beverages”.

) The Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) applies to a company that manufactures and sells beverages.

(2) The general status of five drinking water in respect of beverages as provided in subparagraph 1 of Article 2 is 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. Market structure and actual condition of a beverage is divided into fruit beverage, carbon beverage, and other beverage according to raw materials and manufacturing methods. Fruits refer to the drinking beverage that is processed with fruits or stuffs, and carbon beverage refers to the call, shot, shot, etc. that injects carbon gas after mixing drinking water and added water, and other beverage refers to coffee, functional beverage, sports beverage, tea ( tea, shot, spring water, etc.).

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.

See table 2 D Plaintiff FG E EM drinks HIJJ H GGG Y Y Y GGG Y W - X Y Y AB AC AE AE AE AE AG AE AE AG AG AG AG AE AF AP, A Q AS AS AS - carcav AV AV AV AV AW AZ AG BE BE BE BGBBBP BPPR.

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