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(영문) 서울고등법원 2016.01.14 2014누46500

시정명령및과징금납부명령취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts and circumstances of dispositions;

A. The status of the Plaintiff, etc. constitutes a business entity under Article 2 subparagraph 1 of the Monopoly Regulation and Fair Trade Act (amended by Act No. 1119, Dec. 2, 201; hereinafter “Fair Trade Act”), among those engaged in the construction business, the status of the Plaintiff, etc., such as Hyundai Industrial Development Co., Ltd., ZS Construction Co., Ltd., Daewoo Construction Co., Ltd., Ltd., Ltd., Posico Construction Co., Ltd., Hyundai Construction Co., Ltd., Ltd., Ltd., Hyundai Heavy Industries Co., Ltd., Ltd., Ltd., Hanyang Industries Co., Ltd., Ltd., Hanyang Global Global Co., Ltd., Ltd., Modong Construction Co., Ltd., Ltd., Ltd., Dok Construction Co., Ltd., Ltd., Korea Development Co., Ltd., Ltd., Ltd., Korea Development Co., Ltd., Ltd., Ltd., Ltd., and interest companies Co., Ltd., Ltd. (hereinafter “Plaintiffs, etc.”).

(hereinafter referred to as “stock company” is omitted in the name of the Plaintiff, etc.

1) Incheon Urban Railroad 2line Construction Works (hereinafter referred to as the “instant Construction Works”) 1) Incheon Urban Railroad 2

Section 201 Section 201 (hereinafter referred to as the “instant construction sections”) specify the specific construction sections as the construction section number.

B) From 216 to 216 sections, “The package deal method of design and construction” was divided into 16 sections, and the package deal method of design and construction work is the package deal method (Turn-Key) contract method (Turn-Ky) contract method in which a package work executor takes charge of both design and construction work, and the ordering person concludes a contract with a single contractor, and the execution contractor provides all services, such as financing, purchase of land, design and construction, and operation, to the ordering person (However, the construction section 206 is an alternative tender (the design that reflects the original design presented by the ordering agency at a price lower than the original design).

(b) bidding has been conducted.