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(영문) 서울고등법원 2019.02.01 2018누59085
시정명령등취소 청구의소
Text

1. On November 24, 2016, the Plaintiff’s order of correction in attached Form 1-B, which the Defendant rendered to the Plaintiff via a resolution B, as well as the Plaintiff.

Reasons

1. The judgment prior to the remanding of the scope of the trial was revoked with the corrective order under Paragraph (b) of Attached Form 1 (hereinafter “instant corrective order”) and the corrective order under Paragraph (3), and dismissed the remainder of the Plaintiff’s claim.

Accordingly, the Plaintiff and the Defendant appealed against each of the losing parts, and the judgment of remand reversed and remanded only the part of the corrective order of this case during the judgment prior to remand, and dismissed both the Plaintiff’s appeal and the Defendant’s remaining appeals.

Therefore, the subject of the judgment of this court after remand is limited to the corrective order of this case.

2. Basic facts

A. The Plaintiff’s status and the general status are large-scale distributors who receive goods used by consumers from multiple business operators and sell them at stores with a total store size of at least 3,000 square meters.

The general status of the plaintiff shall be as follows:

Part 1. The plaintiff's general status (as of December 31, 2015, as of December 31, 2015, as of KRW 26,020,70,706, 177,31 (as of KRW 304,41,960) of the total amount of capital in major financial status as of July 2, 1970 as of the date of establishment of the general status of the plaintiff.

B. As of the end of 2014, the market structure and the actual condition were as follows: (a) the scale of the domestic large retailer market was KRW 35,60,000,000; and (b) the overall scale of the market was growing by up to 2013; and (c) the impact of the large retailer’s business hours restrictions and mandatory suspensions, etc.,

As of 2014, the share of the upper three companies, such as C, D (hereinafter referred to as “stock company”) and E operated by the Plaintiff is 70%, and the share of E is 15%.

(C 29%, D 25%). (c)

The Plaintiff’s advertising act related to the instant order was advertised that “1 event” was made through three former advertisements conducted on February 5, 2015, March 11, 2015, and April 2, 2015. The sales price of the Plaintiff’s four products as indicated in the table 2, as indicated below.

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