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(영문) 서울고등법원 2016.11.03 2016누294

시정명령 등 취소

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1. The plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff, etc., the position of the Plaintiff, etc., the KONEX Co., Ltd., the EPE Engine Co., Ltd., and the Korea Stock Company (referring to both the Plaintiff, etc. when referring to the Plaintiff, and, when referring to the individual company, referring to the “stock company, etc.”) are all companies manufacturing defense materials, and constitute business operators as prescribed by Article 2 subparag. 1 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 11406, Mar. 21, 2012; hereinafter “Fair Trade Act”).

The number of domestic defense industry enterprises is 91 as of December 31, 2009, and the sales amount related to the defense industry is 8.7,69.1 billion won.

Of these defense contractors, the upper 10 companies' sales amounting to 7.5 billion won as total sales amounting to 6.5 billion won, among them, 7.0% of total sales amounting to 7.0% of total sales amounting to 4.0% of total sales amounting to 4.0% of total sales amounting to 6.5 billion won, 7.1% of total sales amount, 6.8% of Korea, and 5.0% of representative engines.

The project is to ensure the domestic independent design and building of 00 lock-III (Batch-I) with investment of KRW 2.70 billion in the bid of this case and the execution of the contract of this case and the report of the contract of this case-III.

On February 12, 2009, the Agency for Defense Development (hereinafter referred to as the “Agency”) conducted a public invitation to select one company (a system in which one company is discovered by system comprehensive action) and three company (a group of companies (a system in which one company is discovered by system comprehensive action) of the Si/Gun/Gu collaborative company (a group of companies) through its Internet homepage to promptly analyze the information collected through various detection and tracking agreements, such as lawsuits, so that the commander of the central report-III combat system can assess the situation and command. The Agency for Defense Development (hereinafter referred to as the “Agency”) conducted a public invitation to select one company (a group of companies for the selection of one company) and three companies of the Si collaborative company (a group of companies, ship attachment type ridge, tugboat arrangement system).

(c).