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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts and circumstances of dispositions;
A. The Plaintiff’s status as the Plaintiff and Yangyang Co., Ltd., Ko system Co., Ltd., Ltd., token Co., Ltd., Ltd., Inc., its subsidiaries, IMG Co., Ltd., and Coen, Ltd. (hereinafter “Plaintiff, etc.”) constitute a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) as a person who engages in the final disposal of designated wastes, respectively.
B. The Defendant: (a) concluded that the Plaintiff et al. agreed to set the price of waste asbestos reclamation at KRW 2,50,000 per ton on July 1, 2008, on the grounds that the need to create additional burial sites following the enforcement of the Wastes Control Act (hereinafter “instant collaborative act”); and (b) accordingly, on the ground that the Plaintiff et al. conducted an unfair collaborative act under Article 19(1)1 of the Fair Trade Act on October 23, 2013 on the ground that the Plaintiff et al. conducted business with the price of waste asbestos reclamation at KRW 2,50,00 per ton as the price of waste asbestos reclamation from July 1, 2008 (hereinafter “instant collaborative act”); and (c) issued a corrective order and a penalty surcharge payment order against the Plaintiff on October 23, 2013 (hereinafter “instant disposition”).
The defendant's announcement of the detailed standards, etc. for imposition of penalty surcharges before being amended by the Fair Trade Commission Notice No. 2014-2 on February 12, 2014
c. 'Public notice of penalty surcharge'
(1) The period of violation is March 6, 2008, and the termination date is September 27, 2013.
2 In calculating sales related to the scope of related goods and services, the scope of related goods and services is individually and specifically determined by type of act in consideration of the type and nature of goods affected directly or indirectly by a violation, trading area, trading counterpart, trading stage, etc.