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(영문) 서울고등법원 2016.06.17 2014누68807

시정명령및과징금납부명령취소

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All of the plaintiff's claims are dismissed.

Costs of lawsuit shall be borne individually by each person.

The defendant's intent of the claim is decided October 7, 2014.

Reasons

1. Facts based on which there is no dispute over the details of the relevant facts and dispositions (based on recognition), Gap 1, Eul 13, and the purport of the whole pleadings;

A. The Plaintiff’s status as the Plaintiff, GaS Construction Co., Ltd., and Hyundai Construction Co., Ltd. (hereinafter “Co., Ltd.”) are omitted, and the said three construction companies are those engaged in construction business as prescribed by Article 2 subparag. 1 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 10166, Mar. 22, 2010; hereinafter “Fair Trade Act”).

B. The main contents of the construction project consisting of (1) the outline of the construction project consisting of the construction project consisting of the construction project consisting of the construction project for the purpose of flood prevention, securing water resources, improving water quality, etc. (hereinafter “instant construction project”). The main contents of the construction project consisting of the construction project consisting of the installation of six additional multiples on the ten drainages installed in the existing Nakdong River mouth that is located in the existing Nakdong River mouth;

(B) On July 10, 2009, the Korea Water Resources Corporation, an ordering agency, ordered the instant construction, and the outline thereof is as follows:

In accordance with the public announcement of tender on July 10, 2009, each construction company submitted the document of qualification for participation in bidding on July 20, 2009 (hereinafter referred to as "PP examination") on July 20, 2009, according to the method of bidding (including value-added tax), 221,700,000 won in the budget amount, and bidding procedure (including 60% in design, 40% in price) in the construction site, the method of selecting successful bidders in the construction site, the 1,130-day design and the method of selecting successful bidders in the construction site, the 1,130-day construction site, the 1,130-day construction site, the 1,130-day construction site, and the 40-day construction site, the 221,700,000 won in the construction site. < Amended by Presidential Decree No. 21614, Oct. 23, 2009>

As a package deal design and construction, the successful bidder shall be the "Aggravated Standard Method" that grants 60% of the design score and 40% of the price score as a package deal design and construction.