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(영문) 서울중앙지방법원 2017.10.26 2012가단274959
손해배상(기) 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant CI, Defendant CJ, and Defendant CK (hereinafter collectively referred to as “three mobile communications companies”) are mobile communications business operators with the purpose of an information and communications business, a sales business of information and communications equipment, etc., and the Plaintiffs filed the instant lawsuit, and the Plaintiffs were co-defendants with respect to CG, Defendant CH, and Nonparty CL Co., Ltd. (hereinafter collectively referred to as “three manufacturers”). However, the said company was declared bankrupt by the Seoul Central District Court 2016Hahap10060 on March 17, 2016, and the said company was withdrawn as to the said company.

It is a business operator who manufactures and sells mobile devices, etc.

Since the mobile communication consumer can enjoy the benefit of the use of the mobile communication service and the mobile communication device together, the mobile communication service and the mobile communication device are complementary, and due to these reasons, the entrusted agency of the mobile communication company sells the product combined with the large mobile communication service and the device to the consumer.

B. On July 10, 2012, the Fair Trade Commission: (a) created funds to use funds for subsidies to consumers by individually holding consultations on each model (the price of a mobile phone sold by a mobile network manufacturer to a mobile network operator) and the ex-factory price (the price of a mobile phone sold by a mobile network operator to an agent) and (the price of a mobile network operator) the ex-factory price (the price of a mobile phone supplied by a mobile network operator to an agent) and the ex-factory price (the price of a mobile terminal supplied by a mobile network operator to an agent) of the mobile network in the event consumers subscribe to the mobile network service in purchasing the mobile network, and Q Q, and thereby obtaining a high-priced subsidy from consumers by granting the said (excluding the agreement) method.

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