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(영문) 서울고등법원 2020.01.10 2019누52197
과징금부과처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following matters:

5 pages 9 and 10 "Article 9 (11) 1" shall be changed to "Article 9 (1) 1".

The 6th 6th 6th 1st son is “True” (Supreme Court Decision 2015Du2994 Decided August 1, 2018, 2014Du9271 Decided August 30, 2018, and Seoul High Court Decision 2014Nu59681 Decided June 1, 2016).

The "Capital Markets Act" of the 6th 10th 10th 8th 6th 6th 7th 6th 7th 6th 6th 7th 7

8. The 7th parallel behavior "no ground for lower-ranking adjustment exists" means "no ground for lower-ranking adjustment (for the sole reasons stated in the evidence No. 8 and 9, it is difficult to view that there exists a ground for lower-ranking adjustment corresponding to "where the Plaintiff Company actively cooperates in the investigation process, etc., by submitting materials requested by the Defendants faithfully)".

2. In conclusion, the plaintiffs' claim of this case is dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiffs' appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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