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(영문) 서울고등법원 2017.07.05 2015누686

시정명령등취소

Text

1. Attached Form 1(2) that the Defendant rendered to the Plaintiff as the plenary session Resolution No. 2014-203 on September 17, 2014.

Reasons

. Current status of the successful tender of construction sections (unit: : : 1.09.22 1,876 1,434 7.3, 1332, 456 7.32, 478.39, 279.37, 29-1.37, 279, 279, 279-1.37, 279, 275, 279, 37, 279-1, 279, 275, 279, 37, 275, 279, 275, 37, 279, 279, 375, 276, 375, 375, 296, 37, 297, 197, 278, 296, 297

D. Defendant’s disposition 1) The Defendant: (a) 28 companies, including the Plaintiff, agreed in advance to agree on the lowest bid price for 13 construction sections, such as Honam High-speed Railroad No. 2-1 Section, Nowon-gu High-speed Railroad No. 2-1 Section, and construction works, etc., ordered by the Korea Rail Network Authority; and (b) excluding the scheduled bidder, the other companies, other than the scheduled bidder, agreed in order to participate in the bid at the bid price determined by the scheduled bidder; and (c) thereby, they conducted the unfair collaborative act as stipulated in Article 19(1)8 of the Fair Trade Act (hereinafter

(1) On September 17, 2014, a corrective order and a penalty surcharge payment order (hereinafter “instant disposition”) written in attached Form 1 against the Plaintiff by the plenary session Resolution No. 2014-203, Sept. 17, 2014.

(2) The Defendant, under Articles 22 and 55-3 of the Fair Trade Act, and the former Monopoly Regulation and Fair Trade Act.