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(영문) 서울고등법원 2017.11.30 2017누53271
과징금 부과처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Fact-finding [founded grounds for recognition] without dispute, entry of Gap evidence 1, 2, and 3, and the purport of the whole pleadings;

A. The Plaintiff et al.’s position 1) omitted the “stock company” from the name of the company, Korea Electric Cable Co., Ltd., KONS Korea Co., Ltd., Gato Electric Cable Co., Ltd., LS Cable Co., Ltd., and the “six companies including the Plaintiff, etc.”

The Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) providing electric wires manufacturing and selling business.

) The business entity is a business entity under Article 2 Subparag. 1 of the former Act. The number of full-time employees of the current net income of the business entity in 2014, including Plaintiff 118, 228 △△△, 360, 382 △△△△57, 257, 257, 802 △△△△6547, 757 Nexna Korea 282,227 △△△△△△ 4,969, 456 △△△△ 1,87116, 431, 517 △△△△ 194, 837 42, 118, 228 △△△△△△△△△, 330 △△△△△△△△△,330, 96 △△△△△△△△△△, 19, 051365,2715

B. KS construction: (a) on March 6, 2013, the instant bid was conducted to purchase electric cables and cable cables required for the domestic plant construction works conducted by KS construction, ordered by KS construction on March 6, 2013; and (b) on the other hand, KS construction conducted the instant bid for the purpose of purchasing electric cables and cable cables required for the domestic plant construction works conducted by KS construction. The KS construction was conducted by additionally registering Kex Korea, the Plaintiff, and the ELS Cable as a tendering participant, and only six different suppliers were selected as a successful bidder. (b) KS construction conducted an annual bid for the annual unit price for electric power cables and cable cables, taking into account the price, quality, ability, etc. during the process of negotiations.

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