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(영문) 서울고등법원 2018.01.12 2017누79
과징금부과처분 취소청구의 소
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts based on which there is no dispute over the details of the relevant disposition or facts (based on recognition), A1, and the purport of the entire pleadings;

A. On October 25, 1969, the status of the Plaintiffs, etc. was established as Geumsung Electric Co., Ltd. (hereinafter “Co., Ltd.”), and on March 11, 2005, the trade name was changed to ELS Electric Co., Ltd. (hereinafter “former LS Electric”), but on July 2, 2008, the status of the Plaintiffs, etc. was divided into Plaintiff LS Electric Co., Ltd., a newly established company operating the investment business with Plaintiff LSS and electric cable manufacturing business, and Plaintiff LSS succeeded to the legal personality of (Gu) ELS Electric Cable.

Plaintiff

The business operators including the Plaintiff, etc. (hereinafter collectively referred to as “the Plaintiff, etc.”) are those engaged in the manufacture and sale of electric wires, as prescribed by Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as “Fair Trade Act”).

B. A summary of the bid for the purchase of TPP UTP cable 1) If the current UTP cable market is largely classified by the main consumer, it is divided into the “public water area” to which the construction company belongs and the “fixed-term telecommunications business area” to which the telecommunications business entity belongs, and most consumers purchase them through cable distribution agencies, but TPP directly purchases them through annual bidding. The characteristics of the major manufacturers of the domestic UTP cable 150 to 20 billion won purchase of approximately 150 to 20 billion UT cable each year, and this is the maximum purchase amount of the entire UTP cable 20% in the common telecommunications business area, and about 60 to 70% in the common telecommunications business area and about 60 to 70% in the general telecommunications business area.

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