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(영문) 서울고등법원 2017.02.15 2015누44280
시정명령및과징금납부명령취소
Text

1. The Defendant’s corrective order stated in the attached Form No. 2015-125, which was issued against the Plaintiff on April 24, 2015.

Reasons

1. Facts recognized;

A. The Plaintiff, such as the Plaintiff’s status, is a business operator running film and film distribution business, etc., and the C&M “CM Co., Ltd.” was written in the same manner, and the Plaintiff omitted the indication of the Plaintiff in the name of another company.

It is a business operator who operates film distribution business.

The Plaintiff is a business entity defined in subparagraph 1 of Article 2 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

The plaintiff and C&M are affiliated companies under Article 2 subparagraph 3 of the Fair Trade Act, which belong to the same business group.

The general status of the Plaintiff and C&M is as follows:

(As of the end of 2013, the number of regular employees of the capital, the total net income for the total net income for the total net income for the capital, as of April 1, 201, 201, Plaintiff 10,580 1,052,521,521,773,009, 36, 29271, 51742,2261,502 C&M on September 16, 2010, 2019, which was 193,6602,602,034, 7941,383, 7301, 95, △△△△△△△,7172,349 on April 1, 2019.

B. The film industry can be divided into four fields, including investment, production, distribution, and screening. The film industry is a market structure and market structure of the domestic film industry.

Investment and production levels are to secure contents such as production of movies or import of foreign currencies, and distribution stages are to supply movies by opening the secured contents through various marketing activities to the film audience, which is a contact point with the actual audience, and the screening stage is to generate sales by screening the movies through media such as theater, video, and twit (TV).

Current Korean film industry is characterized by the main investment system.

Unlike the traditional investment production system in which the producer has played a leading role in the entire film production, distribution, and screening, the producer has invested an amount equivalent to the production cost, thereby securing the entire right to the film, and the production is entrusted to the producer and profits after being screened.

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