과징금부과처분 취소 청구의 소
The plaintiff's primary claim is dismissed.
The plaintiff's conjunctive claim is dismissed.
Litigation Costs are assessed against the Plaintiff.
1. Details of the disposition;
A. The Plaintiff’s status and KS Construction Co., Ltd., Poco Construction, Hyundai Construction Co., Ltd., and Hyundai Industrial Development Co., Ltd. (hereinafter these five business entities are referred to as “five companies including the Plaintiff,” and “stock company” in the trade name of the company (hereinafter referred to as “stock company”) are the business entities engaged in the construction business as prescribed by Article 2 subparag. 1 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 10166, Mar. 22, 2010; hereinafter “Fair Trade Act”).
B. The construction works for the outer facilities (A) of the outer facilities (A) of the outer facilities (A stage) are the construction works for constructing a section of 1,025.64 meters of the north breakwater at the port of the territorial sea only on a large scale of 280.9 billion won in total project cost.
The contract is ordered by the Public Procurement Service and the project period is 36 months from the commencement date.
On September 2, 2009, there was a public announcement of tender on September 2, 2009, and on September 11, 2009, it was selected as an eligible person for design on February 24, 201 through the closing date for submission of advance rulings, and the closing date for tender on December 22, 2009.
The method of determining successful bidder was conducted in the way that the company with the highest score of 60% of design points and 40% of price points is the successful bidder.
C. On December 2009, the Plaintiff et al. agreed to the effect that the bid collusion with five companies, including the Plaintiff, would cause damage in the event of price competition, since the work cost is high through the initial telephone liaison with the Plaintiff Company F, E, Conco Construction D, Hyundai Construction E, and Hyundai Industrial Development F, supra.
Accordingly, the above working-level officers competition only the design of the construction project, set the bid rate by mutual agreement, and decided the bid price of each company by drawing within the scope of not exceeding 90% of the tender rate on December 2, 2009, which is about a day before the bidding date.
The bid ratio and bid price of five copies, including the plaintiff, determined as a result of the lottery, shall be as follows:
Plaintiff
The bid price or the bid price of the five companies shall be the bid price of the name of the company.