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(영문) 대법원 2018.06.12 2015다37344
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

The lower court determined that, on the premise that, where a purchaser’s illegal collusion provided a service that was reduced in the commission, the direct damage incurred by the service provider would be the difference between the commission actually paid and the commission that was formed in the absence of the collusion (hereinafter “provisional competition commission”), and that, in this context, the virtual competition commission should be calculated by the method of excluding only the reduced amount of commission arising from the collusion while maintaining the factors forming other fees of the market at which the collusion was committed in which the collusion was committed, and that, on the premise that, if Defendant credit card companies and Defendant VVN companies did not act as collusion, the virtual competition commission for the Raft capture service that was formed would be 61.87 won per case in the case of the sales slip that was collected until the following day of the transaction, and 49.496 won per case in the case of the sales slip collected by the 80% amount of the above virtual competition commission.

Furthermore, the court below held that (1) the plaintiffs performed part of the business of collecting sales slips entrusted by the plaintiffs to them by smart Co., Ltd., and the plaintiffs' self-agency's self-agencys, and since they are only in a position to deliver the DNA capture program fees received from the plaintiffs' self-agencys with respect to the Draft program services performed by them, the number of sales slips collected by their self-agencys does not include the plaintiffs' number of sales slips collected. (2) The right to claim damages against the defendant credit card companies from March 26, 2009 when the judgment of the administrative litigation of the defendant Bar Card Co., Ltd. became final and conclusive by the dismissal of appeal, and from August 27, 2009 when the judgment of the administrative litigation of the defendant Bar Card Co., Ltd. became final and conclusive, the right to claim damages against the defendant ByungN companies is a short-term statute of limitations in three years under Article 766 (1) of the Civil Act from August 27, 2009 to the three-year statute of limitations.

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