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(영문) 서울고등법원 2010.11.25 2009누38406
시정명령 등 시정청구
Text

1. Paragraph 3 of the corrective order and penalty surcharge payment order in attached Form 1, which the defendant decided on November 9, 2009, to the plaintiff on November 9, 2009.

Reasons

1. The following facts are not in dispute between the parties or may be acknowledged by taking into account the whole purport of the pleadings in each entry in Gap evidence 1, Eul evidence 1-1 to 4, and Eul evidence 2.

The Plaintiff and C Co., Ltd., D Co., Ltd., E Co., Ltd., and F Co., Ltd. (hereinafter referred to as “C”), based on the first head, reduces the name of these companies to “D”, “E”, and “F”, and collectively referred to as “Plaintiff, etc.”, including the Plaintiff, constitute a person who manufactures and sells beverages and falls under a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

(b) Current status and structure of the beverage market (i.e., classified beverages are classified into fruit beverages, ammunition beverages, and other beverages on the basis of raw materials, manufacturing methods, etc., and negligence beverages refer to the beverage that is processed as principal material of fruits or vegetables, and carbon beverage is a beverage that injects carbon gas after mixing it with drinking water and food additives;

The carbon water, etc. is applicable to it, and other beverages are referred to beverages other than fruit beverages and carbon beverages, and there are coffees, functional beverages, sports drinks, tea, crys, drinking spring water, etc.

The Plaintiff, etc., as indicated in Table 1, CDD E DD BB BD BB BG BG BH BG BG BP BP BP BG BY G - Wuu PP Y ABC AE AE AF AF AF AE AP AE AP AE AP AP AP AP ASSS - PP AUV AUV AUV AUV AF BE AV - functional coffee BGBBB BG BGBBBBB BY BY BY - BY BYM - CMMM - CMMM - CMMM - CMMM - CYM - CYM - CYM - CYM - CYM - CYM - CYM - CYM - CYM - CYM -MMM - CYMM - CYMM - CYMM -MMMM.

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