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All appeals are dismissed.
The costs of appeal are assessed against each party.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Case summary and key issue
A. According to the reasoning of the lower judgment on the case, the following facts are revealed.
(1) The current market situation C Co., Ltd. (hereinafter referred to as “Co., Ltd.” in the name of each Co., Ltd.), D, and E (hereinafter referred to as “manufacture 3 Co., Ltd.”) are domestic business operators who manufacture mobile phones (hereinafter referred to as “terminal”).
At the time of 2010, the market share of the three manufacturers was about 85% in total, and the plaintiff, F, and G (hereinafter collectively referred to as "three mobile communications") was competing in the domestic mobile communications service market.
(2) Of the devices distributed domestically, approximately KRW 85% of the device distribution structure (A) was supplied as agents, sales stores, etc. (hereinafter collectively referred to as “distribution network”) through a mobile carrier in the manufacture.
(hereinafter “business model”). In the case of a device supplied directly from a manufacturer to a distribution network without going through a mobile carrier, the mobile carrier is able to open the device only by registering the device information.
Accordingly, the distribution structure of the device has been formed as the center of the mobile carrier.
(B) In the essential complementary relationship between a device and a mobile communications service, the consumer generally purchased a device from the distribution network and entered into a mobile communications service contract.
As mobile operators lead the distribution of mobile devices, the promotional method of paying mobile devices was also activated on the condition of subscription to mobile communications services.
(3) The price structure of the device (A) generally refers to the price at which the manufacturer sells the device to the mobile operator, and the price at which the mobile operator sells the device to the agency.
The ex-factory price of a terminal shall be.