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(영문) 서울중앙지방법원 2015.05.28 2013가합533270
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be acknowledged in full view of each of the statements in Gap evidence Nos. 1 through 9 (including each number; hereinafter the same shall apply) and the whole purport of arguments.

On October 17, 2007, the plaintiff A entered into a LPG sales agency contract with the defendant on October 17, 2007 under the name of referring D, and started the LPG sales agency contract with the same content as the attached Form (1) from May 2009 to the FPG sales agency in Ansan-si E located in Ansan-si from May 2009.

(Plaintiff A filed a business registration, agency contract, business license, loan, etc. related to his/her business in the name D. Plaintiff B leased the foregoing FY from the Plaintiff, and concluded a LPG sales agency contract with the Defendant on June 15, 2010, and operated the FPG sales agency contract from around that time to February 14, 2012.

Plaintiff

C Co., Ltd. (hereinafter “Co.”), around February 15, 2012, entered into a contract with the Defendant for the sales agency of LPG with the same content, and is conducting FPG sales business until now.

(hereinafter the Plaintiffs concluded with the Defendant each of the instant contracts (hereinafter “each of the instant contracts”). B

The plaintiffs purchased LPG from May 26, 2009 to August 1, 2009 to August 31, 2009 to KRW 1,469,518 1,138-1,226 won from September 1, 2010 to June 14, 2010 to KRW 7,387,910; KRW 1,219-1,534 to KRW 88 won from June 15, 2010 to June 30, 2010 to KRW 485,540, KRW 1,481, KRW 81, KRW 81, KRW 1,208, KRW 1,208 to KRW 1,205 to KRW 381,55,71, KRW 201, KRW 205 to KRW 36,51,975-197; and the plaintiffs were as of June 15, 2010.

2. Summary of the plaintiffs' assertion

A. According to the current status of LPG sales as of the first half of 2010 for damages claim, the Defendant’s market share is 36% of the Defendant’s affiliate company, SK Gas, the Defendant’s 19.7%, and 17.5% of the E1, and the total market share of 3 companies is 73.2% and 75% of the total market share. Thus, the Defendant is below the Monopoly Regulation and Fair Trade Act.

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