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(영문) 서울고등법원 2014.12.10 2014누46494

시정명령및과징금납부명령취소

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1. The Defendant’s corrective order and order for payment of monetary charges to the Plaintiff as the plenary session Resolution No. 2014-30, Feb. 25, 2014.

Reasons

1. Facts recognized;

A. The Plaintiff, etc. and Hyundai Industrial Development Co., Ltd. (hereinafter referred to as “Co., Ltd.” in the name of the Plaintiff, etc., are not indicated separately in the case of the Plaintiff, etc. and Hyundai Industrial Development Co., Ltd. (hereinafter referred to as “Co., Ltd.”), Hyundai Construction, Treatment Construction, KS construction (hereinafter collectively referred to as “five companies including the Plaintiff, etc.”), scco construction, Samsung physical industry, and large forest industry (hereinafter collectively referred to as “eight companies including the Plaintiff, etc.”) constitute a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as “Fair Trade Act”) as a corporation whose business purposes are construction, etc.

(b) The Incheon Urban Railroad 2ton Construction Worktonship means the method in which the package work executor is in charge of all design and construction;

The bid (1) the Incheon Urban Railroad Construction 2 Line Construction Dock Construction (hereinafter “instant construction”) was divided into 16 sections (201 to 216 sections) and bid was conducted. The total design points (50 to 70 points) and price points (30 to 50 points) were assessed on the basis of the full scores of 100 points.

(2) On May 29, 2009, the Plaintiff offered bid on the construction section 205, among the instant construction works, and on April 17, 2009, the current status of the consortium representative grouping the consortium grouping the construction section divided into construction sections (the ratio of shares by company: the ratio by company) was excluded from the design firm.

205 Successful bidders (40), Samsung Heavy Industries (30), Sym (10), CEL (10), 10, Modern Industrial Development (45), Modern Industries Development (25), Kassung Construction (30), Modern Construction (38), Modern Construction (20), Modern Construction (20), Modern Construction (12), Modern Construction (12), Modern Construction (12), Modern Construction (12), Modern (10), Modern (5), Modern (5), Madern (5), S (5), Madern (86), Yel (7), and 211 project sections conducted by the Plaintiff (86), as follows. The results of the bid are as follows.

(c).