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(영문) 서울고등법원 2013.12.12 2013누45029

시정명령및과징금납부명령취소

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The defendant of the claim on February 25, 2013.

Reasons

1. Basic facts and circumstances of dispositions;

A. The Plaintiff and Daelim Industry Co., Ltd., gold industry Co., Ltd., and Kook Global Co., Ltd. (hereinafter “Plaintiff and four company”) 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. 11406, Mar. 21, 2012; hereinafter “Fair Trade Act”).

B. The bidding procedure for the instant construction project [the construction of a total sewage treatment plant in Gwangju Metropolitan City 1 and 2] announced by the Public Procurement Service for bidding on December 14, 2010 shall be as follows:

(1) Tender method: ① Design and construction package work (the contracted construction contractor’s design and construction work) is a type of design and construction parallel work (the first type work) work (the first type work) work (the first type work) work, and where special circumstances, such as the urgency of construction, etc., are acknowledged, it shall be conducted first to submit the execution design documents for the type of work that can be executed first, and at the same time to reduce the construction period by making the rest of the construction work together with the execution design documents.

(2) Estimated cost of construction works: (3) Method of determining a successful bidder (including value added tax). Among the eligible persons with more than 92,265,000 design points (80 points), method of calculating the highest total points after giving a specific weight to design points and price points based on weight criteria (80 points), method of determining a successful bidder as a successful bidder (including design points 60%, price points 40%) (2) tender procedure December 24, 2010 prior to the qualification for participation in bidding on December 30, 2010, the site site site preparation date on March 30, 201 at the tender date on April 25, 2011 shall be submitted to the ordering party at the time of the tender. < Amended by Presidential Decree No. 22581, Dec. 31, 2011>