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(영문) 서울고등법원 2012.05.24 2010누32091
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that imports and sells liquefied petroleum gas (hereinafter “LPG”) and constitutes a business entity under the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

The SK Co., Ltd. (hereinafter referred to as the “SK”) newly established or divided the SK Energy Co., Ltd. (hereinafter referred to as the “SK”) in the course of carrying on oil refining business and petroleum chemical business until July 1, 2007, while carrying on the business of producing and selling LPG, and thereafter, the SK carries on oil refining business, including LPG production and sales business, and both the Plaintiff, SK, and SK Energy are affiliates of the SK Group.

(hereinafter referred to as “Plaintiff, etc.”). B.

1) The kinds and characteristics of the domestic LPG sales market are divided into propane (C3H8) and butane (C4H10). This is produced by separating gas generated incidentally in extracting crude oil or natural gas, or by recovering gas generated by by by-products in the process of refining and refining crude oil in a oil refining plant, or in the process of heating and decomposition in a petroleum chemical plant. The LPG sold in Korea is rare in quality when meeting certain ingredients, content, etc.; 2) the concept of base price and selling price in the non-powered LPG sales market for price demand is used. The base price is calculated according to the price calculation formula formulated by the importer itself, and the selling price is the price that is the basis for LPG sales, and the price is the price that the LPG sales business operator notifies the customer, such as filling stations, by using the base price as the index.

The professional board is mainly used for cooking and heating fuel (family commercial) in an area where urban gas (LNG) is not supplied.

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