The costs of appeal are assessed against the Plaintiff.

1. As to the formation of an agreement

A. Article 19(1) of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) prohibits two or more enterprisers from engaging in an unfair collaborative act in which they agree to engage in an act unfairly restricting competition. In a case where two or more enterprisers in competition agree to engage in an act unfairly restricting competition in the bidding process by dividing the bidding fields among the enterprisers in competition, an unfair collaborative act may be established.

However, the mere fact that a certain business entity intended to participate in a competitive tendering procedure leads to a competitive pressure on the other party. Thus, it cannot be readily concluded that the competitive intent cannot be denied or a competitive relationship cannot be established in the competitive tendering procedure on the sole basis of the fact that a certain business entity is merely low possibility of receiving orders from the particular business entity.

B. (1) Based on its adopted evidence, the lower court: (a) as a result of the promotion of the project, ① the Defense Acquisition Program Administration and the Agency for Defense Development (hereinafter referred to as the “National Defense Agency”) to independently design, build, and secure a long-term project in the Republic of Korea (Batch-I); and (b) on February 12, 2009, the public bid for the selection of a single company for the preparation of a combat system-III (system comprehensive) and the public bid for the selection of one company for the preparation of a pilot system (ship arrangement center, hull attachment type ridge, tugboat arrangement system) and three pilot companies (hereinafter referred to as “tender system”); (c) the public bid for the preparation of a proposal for the selection of a single company for the preparation of a combat system (hereinafter referred to as “tender 1; 2; 3; 4; 4; 4; 4; 4; 4; 4; 5; 4; 4; 4; 4; 5; 4; 4; 5; 4; 5; 5; 5; 5000”).”).

More than the plaintiff, STX, and Modernization are called "Sna 3."