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(영문) 서울고등법원 2016.06.02 2014누49110

시정명령등취소

Text

1. On April 10, 2014, the Defendant’s corrective order and penalty surcharge payment order issued to the Plaintiff via Resolution C shall be revoked.

Reasons

Basic Facts

The Plaintiff et al., D Co., Ltd. (hereinafter referred to as “D”; hereinafter referred to as “stock company” in the name of all companies), E, F, G, H, I, and J are those engaged in construction business under subparagraph 1 of Article 2 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as “eight companies, such as the Plaintiff,” and, if they are collectively referred to as “six companies,” excluding Plaintiff and G, hereinafter referred to as “six companies”). The outline of K construction works falls under the category of 5 construction sites (hereinafter referred to as “instant order site”) under the category of 7 construction sites for large-scale housing site development projects, construction of urban railroad systems connected with M and N, balanced development of regional development under the name of all companies, and construction sites for the first time to be constructed within 30 kilometers of the total length of the construction works, and the tender announcement method of the instant construction works shall be divided into 80% of the tender announcement method and 80% of the tender announcement method of the instant construction works (hereinafter referred to as “the tender announcement method”).