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(영문) 대전지방법원 2017.04.20 2015가합106862
손해배상(기)
Text

1. The Defendants jointly pay the Plaintiff KRW 1,502,104,104 as well as the payment in the attached Table 1.

Reasons

Facts of recognition

The status of the parties is Defendant Aion Cable Co., Ltd. (hereinafter “Defendant Aion Cable”), Defendant Aion Cable Co., Ltd. (hereinafter “Defendant Divek Cable”), Defendant Dive Cable Co., Ltd. (hereinafter “Defendant Divek Cable”), Defendant Dive Electric Cable Co., Ltd. (hereinafter “Defendant Dive Cable”), Defendant Dive Electric Co., Ltd. (hereinafter “Defendant Dive Electric”), and Defendant Jive Electric Co., Ltd. (hereinafter “Defendant Jive Electric”), as an entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”), which is a quasi-governmental institution established on January 1, 2004 under the Korea Rail Network Authority Act with the purpose of constructing and managing railroad facilities. The Plaintiff is the only consumer of domestic train control cable (the automatic train control devices, intensive control devices and control points of high-speed railroads and cables installed in a circuit between central control rooms).

Market structure and characteristics of the electric cable industry are the industry that produces and sells electric power lines and telecommunications lines, and the national key industry that grow together with the growth of the electric utility industry, the provisional industry, the computer industry, and other electronic equipment industry.

The electric wires produced domestically are exported, but they are mainly consumed in Korea.

Domestic Demand Service is the plaintiff, the KT (KT), the Korea Electric Power Corporation, the Korea Railroad Corporation, etc., and mainly electric power lines (low, middle, high, high-tension lines), communications lines, etc. are distributed.

In the case of a general cable product with low added value, competition between small and medium enterprises has been strong, while large-scale investment facilities and technology entry barriers exist, small and medium enterprises are competing in the case of a special product.

The electric cable market is to the extent that the market share of the top five companies (ELS Electric Cable, Defendant Gaon Electric Cable, Defendant Gaon Electric Cable, Defendant U.S. Electric Cable) occupies at least approximately 60% of the total market.

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