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(영문) 서울고등법원 2019.06.13 2018누49842
시정명령및과징금납부명령취소
Text

1. On January 15, 2018, the Defendant’s order to pay a penalty surcharge in attached Form 1, which the Plaintiff made against the Plaintiff, shall be revoked.

2...

Reasons

(2) On February 25, 2016, the board of directors on February 25, 2016 passed a resolution on the application of the school unit price (Prohibition) and restrictions on participation in tendering with respect to India by the board of directors on June 16, 2016.

(1) On October 6, 2015, the Plaintiff restricted the number of vehicles owned by the constituent members of a successful bid school (hereinafter referred to as "act of restricting the number of vehicles for each vehicle"): on October 6, 2015, the Plaintiff prepared standards for reducing the number of vehicles owned by the members of the direct payment association to prevent the excessive competition among the members of the association; on October 13, 2015, the number of the number of vehicles owned by the members of the association was determined and notified as follows: on October 13, 2015 through the meeting of the members of the association; on October 13, 2015, the number of vehicles owned by the members of the association to be reduced to be reduced to be classified as follows: 17 vehicles (20 vehicles) - M: 3 M: - 9 large number of vehicles owned by the members of the association (15 large number): - 9 large-17 large-5 large-scale A-7 large-scale A: -5 large-scale A-7 large-sized -5 large-sized Association (1: -1: -5 large-1).

On the other hand, on December 3, 2015, the Plaintiff held a board of directors and decided to order M to be expelled from the inspection of the vehicles on which Stickers are posted twice. On the other hand, the Plaintiff was expelled at the ordinary meeting on February 12, 2016.

(hereinafter referred to as “restricted the number of vehicles in possession”).

The Defendant’s corrective order and penalty surcharge payment order are as follows: (a) the Defendant’s act of restricting the price-fixing pursuant to Article 26(1)1 and Article 19(1)1 of the Fair Trade Act; (b) the act of restricting the transaction partner’s restriction; (c) the act of restricting the number of schools awarded in each vehicle (hereinafter “act of restricting the transaction counterpart’s area”);

Articles 26(1)1 and 19(1) of the same Act.

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