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(영문) 서울고등법원 2019.01.18 2018누38842
과징금납부명령취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status and general status of the Plaintiff, etc. 1) In entering the name of the Plaintiff and B Co., Ltd. (hereinafter referred to as “Co., Ltd.”), all the entry is omitted.

(C) As a business entity engaged in the business of producing and selling cables, C, D, E, F, and G, the Monopoly Regulation and Fair Trade Act (amended by Act No. 14813, Apr. 18, 2017; hereinafter “Fair Trade Act”) is a business entity engaged in the business of producing and selling cables.

2) The Plaintiff is a business owner under Article 2 subparag. 1 (hereinafter “instant business owner”).

2) The general status of the Plaintiff is as follows.

In Table 1, the Plaintiff’s general status (as of December 31, 2016, as of December 31, 2016, as of KRW 35,364, 410, 938 3,969 2,524, 364, 431, 5175, 5175, 671, 671 200, 3644, 801, 11, 966306301, 96306301, 201, 201, 201, 201, 201, 201, 364, 200, 364, 404, 801, 96301

B. Cable market structure and actual condition 1) Cables consist of two clothes that cover the body and body in a line that performs the function of transmitting electric signal or electric energy between certain points. The body functions to flow electricity, clothes are designed to protect the body part from being damaged, and are subdivided into outer and studs. 2) In the case of general cable products with a low added value, competition between small and medium enterprises is strong, while in the case of special cable products with high added value, large-scale investment facilities are required and technical entry barriers exist, and only small and medium enterprises participate in the market.

At least 60% of the total electric cable market is maintained in Korea by large enterprises such as F, D, B.

Cable industry is an industry with a high connection with facility investment in Korea and abroad and can be divided into the supply market and the market market according to the demand source, and the market market can be further divided into the public demand bid market and the general market market.

Major consumers of the government supply market shall Korea Electric Power Corporation, Korea Railroad Corporation, and.

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