logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.07.22 2013누24695
시정명령 및 과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, etc.’s status and Hyundai Esco Co., Ltd. (hereinafter referred to as “stock company, etc.”) and Hyundai Esco Co., Ltd.’s corporate name are corporations with the business purpose of manufacturing and selling blades (Pre-Cated M&C) and the business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. (1) On April 29, 2013, the Defendant issued a corrective order and a penalty surcharge as indicated in the attached Form to the Plaintiff on the ground that “The instant business entity entered into an agreement on the base price of the knife bar board, which is prohibited under Article 19(1)1 of the Fair Trade Act, on November 1, 2004 through November 11, 2010 (However, the termination date of the Plaintiff’s collaborative act was October 28, 2010)” by Article 2013-83 of the plenary session resolution at the plenary session.

(2) The calculation details of penalty surcharges imposed by the Defendant on the Plaintiff are as follows.

(A) Criteria rate for imposition: 489,641,817,595 won (b): 7% (a) adjustment by factors of an actor: 50% (a) reduction by 50% per annum: 30% per annum in consideration of investigation cooperation: 30% in consideration of investigation cooperation: 30%: additional adjustment by 20%: 1% in consideration of actual ability: 30% reduction by 60%: 30%) in consideration of the effect of a violation on the market, market conditions, etc.: 30% final imposition of penalty surcharges: 6,854,000,000 won (3) in consideration of the fact that the Plaintiff raised an objection against the Defendant’s disposition on May 28, 2013. However, the Defendant rejected the Plaintiff’s objection as the whole with No. 1371, Jul. 25, 2013; 2013-13.

2. Judgment on the plaintiff's assertion

A. The summary of the Plaintiff’s assertion is the order to pay the penalty surcharge of this case.

arrow