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The plaintiff's claim is dismissed.
All costs of litigation shall be borne by the plaintiff.
Reasons
The plaintiff sought revocation of the entire corrective order in the attached Form 1 (hereinafter “instant corrective order”) and penalty surcharge payment order (hereinafter “instant penalty surcharge payment order”). However, the court prior to the remanding of the instant corrective order (hereinafter “instant disposition”) accepted the claim for revocation of the instant penalty surcharge payment order, and dismissed the claim for revocation of the instant corrective order.
As to this, the defendant appealed against the part of the penalty surcharge payment order, and the plaintiff appealed against the part of the corrective order, but the Supreme Court accepted the defendant's appeal and reversed and remanded the part against the defendant, and dismissed the plaintiff's appeal against the defendant.
Therefore, the subject of this Court's judgment is limited to the claim for cancellation of the penalty surcharge payment order.
2. Basic facts and circumstances of dispositions;
A. The Plaintiff’s current status 1) The Plaintiff is established pursuant to the Small and Medium Enterprise Cooperatives Act, and the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) for the purpose of promoting common interests of business operators engaged in the business of manufacturing telecommunications and broadcasting equipment around 1962.
(2) The Plaintiff is a trade association under Article 2 subparag. 4 of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support Act (hereinafter “Market Support Act”) in cases where the Plaintiff coordinates the business between member enterprisers, or where a person who is not a small and medium enterprise owner infringes on the Plaintiff’s business sector, the Plaintiff is engaged in an application for mediation to the competent authority, a business entrusted by the State, a local government
In the case of a stock company, the Plaintiff is also a member of the company, in addition to a group equipment company, such as F Co., Ltd. (in the case of a stock company, the name of the “stock company”).
3. The general situation of the plaintiff is 3.