1. The plaintiff's claim is dismissed.

2. One-half of the total costs of litigation shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

In addition to the revocation of the first corrective order of this case, the Plaintiff sought revocation of the portion exceeding KRW 6,00,000 among the penalty surcharge payment orders listed in attached Form 1(3). It is clear that the judgment was rendered in favor of the Plaintiff prior to the remanding of the case. The Supreme Court reversed the part of the corrective order of this case in the judgment prior to the remanding of the case, and remanded the case to the Seoul High Court. The Defendant’s remaining appeal is dismissed.

Therefore, among the judgment of the court prior to remand, ① the part on the claim for revocation of the penalty surcharge payment order (the part on the claim exceeding 6 million won) is finalized by the judgment of the remand, and ② only the part on the corrective order of this case remains subject to the trial after remand.

Basic Facts

The plaintiff is a large-scale distributor who receives goods used by consumers from a large number of business operators and sells goods at a store with a total area of at least 3,000 square meters.

As of the end of 2014, the scale of the domestic large retailer market was 35.6 billion won, and the overall scale of the market has been continuously growing until 2013, and the impact of the large retailer's business hours restrictions and mandatory suspension measures on large retailer's stores, which were enforced in 2012, has been reduced.

The market share of the plaintiff, C(hereinafter referred to as "stock company") and D in the name of the company is 70%, and the share of the plaintiff among them is the highest 29%.

On February 5, 2015, the Plaintiff advertised that “The price is lower” for the products that do not change before and after the advertisement, such as the Plaintiff’s act, etc., and the sales price of E (700ml), F (700ml), G (700ml x 2) was the same as that of the former advertisement.

(hereinafter referred to as “instant act 1”) ...’ 11 events.