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(영문) 서울행정법원 2020.07.10 2020구합57837

부정당업자제재처분(입찰참가자격제한)취소 청구의 소

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1. All of the plaintiffs' claims are dismissed.

2. All the costs of lawsuit are assessed against the Plaintiffs.

Reasons

Details of the disposition

On September 29, 2005, C Co., Ltd., D Co., Ltd., E, F Co., Ltd., G, H Co., Ltd., Plaintiff A, I Co., Ltd., J Co., Ltd., and K Co., Ltd., Ltd., on January 11, 2012.

The term "K" is referred to as "K even before January 11, 2012;

L and M Co., Ltd. transferred the existing spatial data business sector to S on August 1, 2012, and after S acquired and merged with N Co., Ltd on January 2013.

From 2009 to 2012, M&A participated in the agreement, and from 2013, N&A participated in the agreement.

N Co., Ltd. and O Co., Ltd. (hereinafter referred to as “Co., Ltd.”) are 14 companies (hereinafter referred to as “Plaintiff, etc.”) that engage in spatial data industry, such as video processing, numerical guidance production, etc.

Plaintiff

B is working as the representative director of Plaintiff A from September 30, 2002 to September 30, 2002.

P, from 209 to 2013, 37 aviation photography service projects, including Qu (Large Zone), were ordered by means of competitive bidding.

However, aviation photographing business is a business that purchases aircraft and employs operating and maintenance personnel, etc., and accordingly, the number of companies registered for the license is very small compared to other spatial data industry such as spatial image painting and numerical map production.

Accordingly, with respect to each competitive bid above, the plaintiffs A et al. agreed to the company to be awarded a successful bid and the amount of bid and the shares to distribute profits as listed in the following table, and agreed to jointly perform the relevant project after receiving a successful bid as specified therein

Among the following, each collusion act listed in the table 19 to 28 is "the collusion act in 2012", and each collusion act listed in the table 29 to 31 below is "the collusion act" in 2013.