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(영문) 서울고등법원 2013.08.21 2012누14462

시정명령 등 취소

Text

1. The Defendant’s corrective order and penalty surcharge payment order issued to the Plaintiff on April 24, 2012 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of disposition;

A. On February 12, 2009, the Agency for Defense Development for Research and Development Projects, which will be loaded in the future report-III diving, publicly announced a request for proposal for research and development projects on the combat system and the legalon system (hereinafter “instant bidding”).

The combat system was ordered as a single project, but the system was divided into ① system comprehensive, ② system arrangement center, ③ hull attachment type manual, ④ tugboat arrangement system.

B. On March 20, 2009, the Plaintiff and LIG KONEX Co., Ltd. (hereinafter “LIEX”) entered into an agreement with both companies to jointly establish a cooperative system with respect to the combat system bidding among the instant bidding on March 20, 2009, wherein the Plaintiff becomes the principal contractor and the KIG KON Co., Ltd. (hereinafter “the instant agreement”), and entered into an agreement with both companies to jointly participate in the system comprehensive bidding among the small or medium systems, on which LIG KON will become the principal contractor and the Plaintiff would participate as the collaborative company (hereinafter “instant agreement”).

C. On April 24, 2012, the Defendant issued a corrective order and an order to pay a penalty surcharge of KRW 2678 million to the Plaintiff (hereinafter “instant disposition”) on the ground that the Defendant’s execution of the instant agreement by the Plaintiff and LIG KON entered into with the Plaintiff was only the Plaintiff in the combat system bidding, and that it constitutes an unfair collaborative act on April 24, 2012, on the grounds that it constitutes an agreement to take part in bidding by means of bidding only LIG KON.

[Based on Recognition] set forth in Gap evidence 1, 10, 12 (including additional numbers), Eul evidence 11, 12

2. Whether the instant disposition is lawful

A. Among the instant bids asserted by the Plaintiff, the Plaintiff’s failure to comply with the part on the combat system is equipped with the technical ability to independently conduct the project.