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(영문) 서울고등법원 2021.01.14 2019누66523
시정명령취소
Text

The defendant's decision B on November 5, 2019 revoked the second corrective order in attached Form 1 as to the plaintiff.

The costs of lawsuit.

Reasons

1. The defendant's disposition process

A. The Plaintiff and C Co., Ltd (the Plaintiff’s logistics division was established on January 3, 201), D, E, F, G, and H Co., Ltd. (hereinafter “Co., Ltd.”) constitute “business entity” under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”), as those engaged in freight transport business.

B. The Defendant: (a) 7 companies, including the above Plaintiff, were local governments from 2000 to 2017 and the Korea Agricultural and Fisheries Food Distribution Corporation (Korea Agricultural and Fisheries Food Distribution Corporation); and (b) 2017.

Article 19 (1) 4 and 8 of the Fair Trade Act (hereinafter “the instant collaborative act”) was conducted by allocating a successful bid area to each local government or each port in advance, and by an agreement to determine the scheduled bid price and the bid price in advance, etc. in the public tender for ordering I Services, thereby engaging in an unfair collaborative act prescribed in Article 19 (1) 4 and 8 of the Fair Trade Act

The decision was determined.

(c)

From 209 to 2010, the Plaintiff, among them, participated in the collaborative act of this case in the bidding of I Services ordered by a local government from 2009 to 2010, and C from 2011 to 2017 in the bidding of I Services ordered by a local government and Korea Agricultural and Fishery Products Distribution Corporation.

Based on the judgment of the court, the plaintiff issued the second corrective order (hereinafter referred to as the "disposition of this case") in attached Form 1, and the remaining six companies ordered the payment of penalty surcharge in addition to the corrective order.

[Grounds for recognition] Gap evidence No. 1 and the purport of the whole pleading

2. The parties' assertion

A. The termination date of the Plaintiff’s alleged collaborative act is December 31, 2010. The Defendant’s investigation commencement date with respect to the Plaintiff is around July 5, 2019 that the Defendant demanded the Plaintiff to submit data. Thus, the former Fair Trade Act (amended by Act No. 11406, Mar. 21, 2012; hereinafter the same applies) regarding the Plaintiff’s act is amended by Act No. 11406, Jun. 22, 2012.

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