과징금납부명령 및 감면신청 기각 처분 취소
All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
The defendant's brief No. 1, 2014.
1. Facts that there is no dispute over the details of the disposition (based on recognition), Gap 1, 2, 7, and the purport of the whole pleadings;
A. The Plaintiff’s status as the Plaintiff, etc. and the Poco Construction Co., Ltd. (hereinafter “stock company” in the name of the company is omitted), GaS Construction, Kadong Construction, Treatment Construction, Handong Construction, Hyundai Construction, Samsung Product Industry, Crho Global, Culul Global, KS Construction, and Hyundai Industrial Development (hereinafter “12 companies including the Plaintiff, etc.”) are companies engaging in 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 “former Fair Trade Act”).
B. The Daegu Urban Railroad tender for the 3th Urban Railroad Construction Works is divided into 1 to 8 construction sections, and tender was made on April 14, 2009, following the public tender announcement by the Public Procurement Service on December 15, 2008.
The bid method was the alternative tender method stipulated in Chapter 6, Chapter 78 and Article 79 of the Enforcement Decree of the State Contracts Act.
The successful bidder's decision was conducted by 12 members by comparing and evaluating the alternative and the original design, and by re-coordinationing that the total score of each design be differentiated by 5 points according to the order of priority, the final evaluation score obtained by calculating the arithmetic mean of the evaluation score of 10 persons except the highest point and the lowest point, and the company with the highest total point is determined as the successful bidder, and it was conducted by 75% in the design score and 25% in the price score.
In addition, in the case of a project operator who has no principal place of business in Daegu Metropolitan City through a public announcement of tender at the ordering office, a tender was made by the joint supply and demand method except for a project operator of Section 6.
C. 12 companies including the Plaintiff, etc.: (a) Poco Construction; (b) Poco Construction; (c) Poco Construction; (c) Poco Construction; (d) treatment construction;