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(영문) 서울고등법원 2017.04.27 2016누79825
과징금납부명령취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts and circumstances of dispositions;

A. The Plaintiff et al.’s status as the Plaintiff et al. and the extreme Broadcasting Co., Ltd. (hereinafter “stock company, etc.”) and the Korea Electric Cable, T&C, the same electric cable, LSS, LS cable, LS cable, COS link, and chemical white cable (hereinafter collectively “business operators including the Plaintiff et al.”) constitute business operators under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”), who engage in the manufacture and sale of electric wires.

B. According to the main consumer, if the UTP cable market is classified as UTP cable market in the UTP cable market, it is divided into “public water area” to which the construction company belongs and “fixed-term telecommunications business area” to which the telecommunications business entity belongs, and most consumers purchase them through cable distribution agencies, but KT directly purchases them through annual bidding. The characteristics of the major domestic UTP cable manufacturer are the Plaintiff, Kuk PP cable, Kuk Cable, KS Cable, LS Cable, and Electric Cable. 2) Bidding purchases approximately KRW 150 to 20 billion each year, and this constitutes approximately 20% of the entire UTP cable market and approximately 60 through 70-70% of the common telecommunications business area, and it is the maximum purchase amount of the MTP cable supplier through 70-70-70% of the general telecommunications business entity’s purchase through the MTP contract.

On the other hand, each partner is divided into approximately six to seven areas, such as the number of cooperative companies registered across the country before conducting the purchase bid, and each partner is allowed to supply at least one area.

Accordingly, general bids are included.

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