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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Reasons
1. Basic facts
A. The main agent of the Defendant’s act against the Plaintiff is Daejeon Metropolitan City Mayor or not higher than Daejeon Metropolitan City Mayor. On May 29, 2014, the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Distribution and Price Stabilization Act”).
B) B Agricultural and Fishery Product Wholesale Market (hereinafter “instant wholesale market”) with approval from the Minister of Oceans and Fisheries pursuant to Article 17(4).
In addition, the Ministry of Trade, Industry and Energy decided to establish a new wholesale market for fishery products.
1. The number of designated wholesale market corporations: A corporation of fisheries category;
3. The term of validity of designation of wholesale market corporations: Five years;
5. Qualification requirements and selection criteria.
(a) Corporations meeting the qualification requirements referred to in Article 23 (3) of the Act on Distribution of Agricultural and Fishery Products;
B. On July 31, 2014, the Defendant: (a) on July 31, 2014, publicly announced a plan to designate a wholesale market corporation of the instant wholesale market pursuant to the Agricultural and Fishery Products Distribution Act and the Enforcement Rule of the Daejeon Metropolitan City Ordinance on the Management and Operation of Fishery Products Wholesale Market; and (b) the main contents of the public announcement are as follows.
3) The trade name at the time of the Plaintiff was C Co., Ltd. and the trade name was changed to the current name on November 23, 2016. Around August 2014, the Defendant filed an application for the designation of the said wholesale market corporation with respect to the Defendant. The designation of the fishery products wholesale market corporation in the instant wholesale market was engaged in by three companies, other than the Plaintiff. On October 15, 2014, the Defendant selected the Plaintiff among the applicant companies as the subject of the designation and designated the Plaintiff as the fishery products wholesale market corporation in the instant wholesale market (hereinafter “instant designation disposition”).
B. B. The Plaintiff was entrusted with the management of the said market on November 7, 2014 by the Defendant, who was the opener of the instant wholesale market.