logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2012.11.07 2012누3929
과징금납부명령 취소청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 29, 201, the Defendant ordered the Plaintiff to pay a penalty surcharge of KRW 732 million on the ground that “The Plaintiff, along with seven business entities, including Honam Petroleum Chemical Co., Ltd., committed an unfair collaborative act by which the Plaintiff agreed on the price of high density Porte products from January 1, 2002 to September 25, 2003,” on the following grounds: (a) the Defendant ordered the Plaintiff to pay a penalty surcharge of KRW 2 million.

(1) (A) The Plaintiff, as to the legitimacy of the penalty surcharge payment order, asserts that the Plaintiff’s voluntary report on the Plaintiff’s unfair collaborative act by subrogation of the Plaintiff constitutes the first voluntary report person, and that the penalty surcharge should be exempted in its entirety.

However, even if all the evidence presented in this case were collected, it is insufficient to recognize that Honam Petroleum Chemical Co., Ltd. reported voluntary acts by the plaintiff to the defendant on behalf of the plaintiff's subrogation or acting for the plaintiff, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed for lack of reasonable grounds.

arrow