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(영문) 서울고등법원 2019.09.26 2019누34410
시정명령등취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, including the Plaintiff’s status, omitted the “stock company” from the name of the company, and the Plaintiff, C, D, E, F, G, and H are enterprisers under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”), who engage in the business of manufacturing and installing the same device.

The general status of the plaintiff is as listed below.

Plaintiff 400 11,026 19,965,334 5,230 53 (as of the end of 2017, unit: KRW 00,000, unit of 2017)

B. Market status 1) Definition and type guarantee of the same device is a device transmitting the same information at the same time with multiple reception devices from a single transmission device. 2) At around 1980, the current situation of the reporting device market, such as broadcasting, facsimile, text, voice, etc., it is connected with the facilities of a telephone network exchange network, and technology changes have occurred as a result of the development of telecommunications technology after the development and production of the reporting device. However, the market size as of 2010 was around 3.6 billion won, but the continuous growth and the scale of the reporting device market as of 2017 exceeded approximately 4.1 billion won.

The scale of the annual Eastern Market shall be as listed in the following table:

The contract price for the number of successful bidders in the year 2010 30 3,661, 186, 330 201 13 76 8,434,610, 610, 370 14 108,267, 668, 380 1515 13,593,593,765, 11010 2015 16,477, 798, 270 253, 23,462, 97, 97, 2016 2525234, 2017 1414 13,593,593,765, 765, 1015 2015 16, 207

C. Characteristics 1) Competition between small and medium enterprises and small and medium enterprises, the Minister of SMEs and Startups Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Support for Development of Market Markets (hereinafter “FE”)

Pursuant to this, it is necessary to expand markets as products directly produced and provided by small and medium entrepreneurs.

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