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(영문) 광주지방법원 2015.12.24 2015구합11264

입찰참가자격제한처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff’s status as the parties is a company with water meter, gas meter, electric power meter, heat flow meter, heating flow meter manufacturing, repair, wholesale retail business, etc. The Defendant is a quasi-governmental institution under the Act on the Management of Public Institutions established for the purpose of developing electric resources under the Korea Electric Power Corporation Act (hereinafter “Public Institutions Operation Act”).

On October 23, 2014, the Fair Trade Commission decided on October 23, 2014, the Korea Fair Trade Commission ordered the Plaintiff to prohibit bid collusion and pay a penalty surcharge of KRW 180,000,00,000 to the Plaintiff on the ground that the Plaintiff, LSSP Co., Ltd., Korea Electric Cable Co., Ltd., Ltd., Korea Electric Cable Co., Ltd., Ltd., Korea Electric Telecommunications Co., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., and the former Telecommunications Co., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd. (Gu Twitdo Co., Ltd.) agreed on the successful bid volume and bid price for each enterpriser from 193 to 2010.

(hereinafter “Fair Trade Commission’s resolution”). The Plaintiff’s violation subject to a corrective order and a penalty surcharge is the time of August 22, 2006 when there was a bid for the purchase of mechanical electric meters in the year 2006 in which the Plaintiff participated, and the period of termination of December 30, 2010 when there was a bid for the purchase of a simple 40 items in the year 2010, and has been conducting collaborative acts until then. The Fair Trade Commission applied the imposition rate of 5% to the Plaintiff by applying the imposition rate of 10,039,141,00 won as the total of the contract amount that the Plaintiff directly entered into with the Defendant (208) and the contract amount that the Plaintiff entered into with the Defendant in the name of the partnership (2009).