4. Undue Price Discounts1) Claims o

4. Undue Price Discounts
1) Claims of Parties and Decision Details
Components produced by Cham Tech were to be processed as cancelled products.
Accordingly, out of 165,111,900 KRW (the actual order amount), the plaintiff only paid 109
million KRW to Cham Tech and did not pay the remaining 56,111,900 KRW. After the
withdrawal of a plan to discontinue mobile phone production, the plaintiff decided to
commission those products again and thereby paid the whole amount. Therefore, the plaintiff
claimed that the payment order of KFTC’s decision to pay 40,268,900 KRW to Cham Tech
was illegitimate in that it only acknowledged the plaintiff paid 15,843,000 KRW out of the
remaining balance of 56,111,900 KRW to Cham Tech.
However, the Seoul High Court ruled, “There is no evidence at all that shows the plaintiff
made complete payment to Cham Tech or any payment more than the 15,843,000 KRW paid
previously. Hence, the plaintiff’s claim cannot be accepted .”