The costs of appeal are assessed against the Plaintiff.

1. Whether the imposition of penalty surcharge is illegal;

A. (1) Article 19(1) of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) provides that a business entity shall not agree with another business entity to jointly engage in any of the following acts that unfairly restrict competition (hereinafter “unfair collaborative act”) or allow another business entity to engage in such act, by means of a contract, agreement, resolution, or any other means. Article 19(1) of the same Act provides that “an act restricting the production, delivery, transportation, or transaction of goods or transaction of services” under subparagraph 3 of the prohibited type of act and subparagraph 8 of the same Article provides that “an act of determining successful bidder, successful bidder, bid price, bid price, successful bid price or bid price in bidding or auction, or other matters prescribed by the Presidential Decree.”

Where bidding is conducted for each construction section with respect to a single construction project, if an agreement is reached in advance to select a successful bidder for each construction section to restrict the trade, etc. of goods or services (hereinafter referred to as "agreement on the distribution of construction sections"), in addition to the establishment of a collaborative act prescribed in Article 19 (1) 3 of the Fair Trade Act, the collaborative act prescribed in Article 19 (1) 8

In addition, even if a certain construction section is selected as a successful bidder according to the agreement on the apportionment of construction sections, it is necessary for another business entity to participate in the bidding formally in order to prevent the bid by creating an appearance of competitive bidding in the construction section, and to bring about the same effect as the successful bidder by participating in the bidding without substantial competition. Therefore, a separate agreement on participation for this purpose (hereinafter “the agreement”) has its own competition limitation and unique illegality.

The above circumstances and the foregoing.