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(영문) 서울고등법원 2016.07.20 2014누46227

과징금부과처분 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. and Hyundai Industrial Development Co., Ltd. (hereinafter “former Industrial Development,” and the names of other companies are not indicated separately in the name of the Plaintiff, etc., and for convenience, a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) is a business entity with the purpose of construction business as stipulated in Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act, including five copies including the Plaintiff, etc.”).

B. The tender documentation of the construction works of Incheon Urban Railroad 2 line 1) The construction works of the Incheon Urban Railroad 2 line are divided into 201 construction sections from 201 to 216 construction sections, and the package work executor in charge of design and construction works. The construction work of the Incheon Urban Railroad 2 line means the method in which the construction work executor takes charge of all the design and construction works. The ordering person concludes a contract with one contractor, and the contractor provides all the services such as financing, purchase of land, design and construction works. The tender was conducted by the ordering person. The decision of the qualified person for design (at least 80 marks of design) was conducted by the method in which the highest person is determined as the successful bidder, and the design score (at least 50 to 70 marks) and the price score (at least 30 to 50 marks) of each of the construction sections in this case were assessed as 100 points on the basis of the full score of each of the construction sections in this case’s bid and the joint contractor implemented on April 29, 2009.

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