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(영문) 서울고등법원 2015.07.16 2014누70466
시정명령등취소
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 1), LSP Co., Ltd., Korea Electric Cable Co., Ltd., Ltd., Esteex, SPex Co., Ltd., Chang Telecommunication Co., Ltd., Ltd., and two telecom Co., Ltd., Ltd. were originally changed into two telecom around June 2006. In the instant case, as seen below, there are one more companies with the same trade name as the Plaintiff in each of the instant cases (hereinafter referred to as “ELSex,” “SPex,” “Sex,” “Sex,” “SP,” “EM,” “EM,” “MM,” “MM,” “all of the above companies including Plaintiff et al. when they individually follow the above companies other than the Plaintiff.”

The Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) provides that a manufacturer or seller of mechanical power or electric appliances shall be subject to the Fair Trade Act.

(2) Korea’s 1-electric meters business cooperative, Korea’s 2-electric meters business cooperative, and Korea’s 2-electric meters business cooperative (hereinafter each “1-cooperative,” “2-cooperative,” and when all two cooperatives comply with, it constitutes a non-profit business association under Article 2 subparag. 4 of the Fair Trade Act, established on February 16, 2009 pursuant to the Small and Medium Enterprise Cooperatives Act, for the purpose of promoting the sound development of electric meters business and the promotion of mutual welfare among the cooperatives.

3 The plaintiff was established in the name of Kuho-Tech Co., Ltd. around 1997, and the measuring instruments business sector from Geumho-electric around 1998.

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