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(영문) 서울고등법원 2016.08.17 2014누49172

시정명령 등 취소 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts recognized;

A. The status of the Plaintiff, etc. as well as NAS Construction Co., Ltd. (hereinafter “SS Construction,” and the name of other companies omitted the indication of “stock company”), new Eastern Construction, Treatment Construction, Handong Construction, Hyundai Construction, Samsung Water Industry, Large Forest Industry, Copins, Kook Global, KS Construction, KS Construction, Alternative Construction, Modern Industrial Development (hereinafter “12 companies such as the Plaintiff”) is a company engaging in construction business, as prescribed by Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. 1) The Daegu Urban Railroad Construction Project, a summary of the project, is the project that the Daegu Urban Railroad Headquarters of the Daegu Urban Railroad Headquarters, ordered and ordered the project to resolve traffic congestion caused by the large-unit housing site development project, to build the urban railroad system connected with the existing Daegu Urban Railroad 1 and 2, to promote balanced regional development, etc. This is a large-scale public project that is to be built on the first domestic urban street, which is a construction project that is a large scale project that is to be built on a route of 23.95 km in total in length, which is a series of valley and water. On December 15, 2008, the Public Procurement Service, upon receipt of a request from the ordering Party, divided the construction work of 3 Daegu Urban Railroad Line of the Daegu Urban Railroad into 1 to 8 construction sections, and gave notice of the tender in the alternative tender method, etc. prescribed in Articles 78 and 79 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party.

This is a bidding method in which alternative is allowed according to the bidder's will, along with the original tender.

Here, the "alternative design" is a design that reflects the reduction of new technology and construction period, etc. that have the same or more functions and effects as the original design without changing the basic policy with respect to the basic design or the working design of the original design presented by an ordering agency.