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Reasons
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(영문) 서울고등법원 2014.02.06 2012누23749
시정명령 및 과징금납부명령취소
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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts and circumstances of dispositions;

A. The Plaintiff is a company that aims at information and communications business and is a business operator under Article 2 subparagraph 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. As of the year 2010, the domestic mobile communication and the mobile communication device manufacturing market is in possession of 52%, 20%, 40%, and 13%, respectively, by Samsung Electronic Co., Ltd. (hereinafter referred to as “TP”) in the domestic mobile communication and the mobile communication device manufacturing market.

(2) As of 2010, the domestic mobile communications service market is in possession of 50.6%, 31.6%, and 17.8% of the KT (hereinafter “LGU”) by the Plaintiff, and the share of 3 companies, including the Plaintiff, continues to exist since 2007.

(c) The distribution structure of the domestic mobile communications device distribution structure shall be as follows:

(1) When a device is distributed as an agent from the manufacture of the business model and the distribution model, the device distributed through the mobile operator is called the distribution model. (1) The device directly supplied through the mobile operator as an agent (the device distributed in the line 1 to the point) is called the distribution model.

The business model can be divided into a contract model and a non-contract model, and the contract model is a model that promises to purchase a device in certain quantities prior to the delivery of a device for the purpose of securing a strategic device separate from other mobile operators, and is an exclusive device supplied only to specific mobile operators.

In the past MMA (WMA), the mobile carrier manages the device information because the device identification number (hereinafter referred to as "IMF") and the subscriber information are entirely stored in the device in the device, in the case of the MMA (WMA) method.

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