(영문) 서울고등법원 2017.08.18 2015누45528

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(영문) 서울고등법원 2017.08.18 2015누45528

시정명령등취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts based on which there is no dispute over the details of the relevant disposition or facts (based on recognition), A1-1, and the purport of the whole pleadings;

A. The status and general status of the Plaintiff is a business operator who manufactures and sells two-wheeled motor vehicles (hereinafter “self-wheeled motor vehicles”).

The general status of the plaintiff shall be as follows:

38,758 263,017 38,641 23,824 19,847 of the total operating income for the net income for the total operating income from the total operating income as of the date of the establishment of the general status.

B. The Plaintiff is engaged in the two-wheeled Motor Vehicle Business and Motor Vehicle Parts Business.

Although the two-wheeled projects were the main business, the sales performance has been made according to the increase in the scale of domestic markets and competition.

The number of sales and sales of the Plaintiff’s two-wheeled cars shall be as follows:

sale number and sales (2013) out of the sales number of 2013, 38,375 10,12348,498 65,150 23,411,270 1,270 1,986,420 25,397

C. The current market structure and actual condition 1) The current market for the two-wheeled tea 197 30,000 won of the total domestic demand for the two-wheeled tea 197 and 2008 to 2009. As of the end of 2013, the domestic market for the two-wheeled tea 200,000 won of the total demand for the two-wheeled tea 200,000. The domestic industry for the two-wheeled tea 200,000 of the two-wheeled tea 200. The recent domestic industry for the two-wheeled tea 20,000 has experienced serious depression due to the so-called “the effect of the sandd position”, such as the market erosion of the two-wheeled tea 2, the United States, and the import subscription of the two-wheeled tea 30,000,000 among all companies. The domestic company producing the two

There are two different companies, including others, such as Japan (Mixed, YM, etc.), Taiwan, SYM, Europe and U.S. (BMW, Earson, etc.), China (an enterprise importing and selling dials in low prices, etc.).

The number of domestic markets sold by the two-wheeled vehicle shall be as follows:

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