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(영문) 서울중앙지방법원 2019.01.24 2018가합540921

사용제한 처분 무효 확인의 소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are livestock products distributors who are engaged in the business of supplying food materials for school meal services, and the defendant operates the EAT System, the Food and Drug Trade Corporation, which is the Electronic Procurement System for School Meal Service (hereinafter "the instant system"), as public enterprises established with business purposes for stabilizing the prices and improving the distribution of agricultural, forest, livestock, and fishery products pursuant to the Korea Food and Drug Trade

B. The plaintiffs' bid collusion act and related criminal judgment 1) Plaintiff A Co., Ltd. (hereinafter "Plaintiff A").

Around October 2012, 2012, the Plaintiff participated in the designated electronic tendering procedure for the school meal service of the D High School, E High School’s designated electronic tendering procedure on November 2013, and F High School’s designated electronic tendering procedure on March 20, 2014. G, who is a person in charge of the electronic tendering procedure for the school meal service of the Plaintiff A, was indicted on March 31, 2016 and was issued a summary order around that time. At the Busan District Court’s 201Hun-Ma1284, the lower court, on January 11, 2017, filed a request for formal trial with 30,000,000 won for the above criminal facts with respect to G, which became final and conclusive on October 13, 2017, and the lower court, on March 21, 2013, designated Plaintiff J High School’s 201.