The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 3

Where there was an agreement on price determination, etc. under Article 19 (1) 1 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as the "Fair Trade Act") and an act of enforcement based on such agreement, "the date on which the unfair collaborative act is terminated" shall be the date on which the act of execution based on such agreement is terminated.

Therefore, in order to terminate unfair collaborative acts, some enterprisers who participated in the agreement should express or implied declaration of withdrawal from the agreement with other enterprisers, and reduce the price level that would have existed without collusion according to their independent judgment.

In addition, in order to ensure that an unfair collaborative act is terminated with respect to all enterprisers who participated in the agreement, there must be circumstances to deem that the enterprisers who participated in the agreement clearly reverse the agreement, and each enterpriser’s act contrary to the agreement, such as reducing the price that would have existed without collusion according to their own independent judgment, or that the act in which the enterprisers who participated in the agreement was actually reversed through repetitive price competition, etc., continues to exist

(see, e.g., Supreme Court Decision 2015Du37433, Nov. 23, 2017). B.

The judgment below

According to the reasoning and the evidence duly admitted, the following circumstances are revealed.

(1) D Limited Liability Company (hereinafter referred to as “Limited Company” or “Stock Company”) is a subsidiary of the S Group, which is a manufacturer of German beering, and C is a subsidiary of T, which is a manufacturer of beerling in Japan. They are imports of beerling from their headquarters and directly produced domestically and supplied to the demanding Service.

The plaintiff is to be put on the market from U who is a manufacturer of Japan's bending.