beta
(영문) 서울고등법원 2018.08.24 2015누65560

과징금 부과처분 취소 청구

Text

1. Of the instant lawsuit, Attached Form 1, which the Defendant rendered against the Plaintiff as Decision No. 2015-350, October 7, 2015.

Reasons

1. Basic facts

A. The status of the Plaintiff, etc., Hyundai Industrial Development Co., Ltd., KS construction Co., Ltd., and Hyundai Construction Co., Ltd. (hereinafter collectively referred to as “Plaintiff, etc.,” and “stock company,” omitted) are all companies engaged 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”).

Plaintiff

General conditions of inspection are as listed below:

2. At the end of the pertinent year: 30,746, 746, 274, 275, 364, 275, 207, 364, 275, 364, 275, 207, 364, 275, 364, 47, 364, 275, 364, 275, 364, 47, 474, 275, 207, 364, 474, 275, 47, 364, 47, 474, 275, 275, 364, 47, 2764, 367, 475, 297, 376, 257, 94, 1986, 294

B. The construction works on the west Dom Line’s tender for the construction works on the west 5 construction sections of the Western Dom Line (Sengsung-Songsan) were carried out by dividing the total project cost into 10 construction sections, which are the construction projects connecting 89.2 km from Chungcheong red to Gyeonggisan, with the total project cost of KRW 3.828 billion.0 billion.

On May 4, 2011, the Korea Rail Network Authority, which is the ordering place, is specified in the design score and price score among the eligible persons of “the design score 70% of design score and 30% of price score” as a package design and construction work (in the instant construction work).