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(영문) 대법원 2019.10.18 2015두370
과징금 등 처분취소
Text

All appeals are dismissed.

The costs of appeal by the plaintiff are assessed against the plaintiff and the defendant.

Reasons

The grounds of appeal are examined.

1. Case summary and key issue

A. According to the reasoning of the lower judgment on the case, the following facts are revealed.

(1) The current market-related D Co., Ltd. (hereinafter referred to as “Co., Ltd.” in the name of each Co., Ltd.), E, and A (hereinafter referred to as “manufacture 3 Co., Ltd.”) are domestic business operators who manufacture mobile phones (hereinafter referred to as “terminal”).

At the time of 2010, the market share of the third manufacturer was about 85% in total.

In the domestic mobile communications service market, F, G, and H (hereinafter collectively referred to as "three mobile communications companies") are competing.

On August 19, 2014, the Seoul Central District Court decided to commence rehabilitation procedures for A and appointed B as the receiver.

(hereinafter referred to as “Plaintiff”, including the manager of A and A, supplied approximately 85% of the devices distributed domestically from the manufacturer to the agency, sales store, etc. (hereinafter collectively referred to as “distribution network”).

(hereinafter “business model”). In the case of a device supplied directly from a manufacturer to a distribution network without going through a mobile carrier, the mobile carrier is able to open the device only by registering the device information.

Accordingly, the distribution structure of the device has been formed as the center of the mobile carrier.

(B) In the essential complementary relationship between a device and a mobile communications service, the consumer generally purchased a device from the distribution network and entered into a mobile communications service contract.

The promotion method for mobile operators to pay subsidies was activated on the condition that mobile operators take the lead of the distribution of mobile devices and participate in mobile communications services.

(3) The price structure of the device (A) generally refers to the price at which the manufacturer sells the device to the mobile carrier, and the mobile carrier is an agent.

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