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(영문) 서울고등법원 2017.02.15 2013누11910
시정명령 등 처분취소
Text

1. On January 15, 2015, the Defendant’s order for correction under [Attachment 2] Nos. 1 and 2, which was the plenary session resolution against the Plaintiff.

Reasons

1. Facts recognized;

A. The Plaintiff and the Plaintiff, etc., as well as AP Co., Ltd. (formerly changed: C Co., Ltd.), D Co., Ltd., E Co., Ltd., F Co., Ltd. (hereinafter “C,” “D,” “E,” and “F Co., Ltd.,” together with the above companies including the Plaintiff, are “five beverages”, and their names are omitted in the name of other companies for convenience) constitute a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

(As of December 31, 2008, units: Plaintiff 4,639 6,786 1,181,421 60,093 59,041 C 1,440 1,440,000 288,483 40,930 △△ 48,098 D 2,289 375,983 534,959 37,8036,55 99666,000 167,579 △△△6,979 △△6,697,698 △△6,73720,7207,6361,461,4788 of the company’s employees’ capital gains.

(b) Market structure and actual condition 1) The general classification of beverage products is generally distinguishable from fruit beverage products, carbon beverage products, and other beverage products on the basis of raw materials, manufacturing methods, etc. In the case of fruit beverage products, fruit beverage products are processed as principal raw materials.

Products of carbon acid beverages refer to beverages that injecte carbon gas after mixing drinking water and food additives, and are call and yarns;

The number of carbon, etc. belongs to them.

Other beverages are referred to beverages other than fruit beverages and carbon beverages, and coffee, functional beverages, sports beverages, tea, cryp, shot water, drinking water, etc. belong to them.

As indicated below, 5 beverages are manufactured and sold various kinds of beverages as indicated below. The plaintiff, C, and D are all producing fruit beverage products, carbon beverage products, and other beverages, but E does not produce fruit beverage products, and F does not produce carbon beverage products.

Division Plaintiff CDD ASS AS ABAV BABBBC BE BG - BHBBJ BH BJ BG BG BL BL BL BOB BOBPPP.

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