1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff is a company established on September 11, 1978 for the purpose of water supply and sewerage system construction business.

On January 18, 2008, the Public Procurement Service publicly announced “B previous construction works 2,3 construction sections bid” (hereinafter referred to as “2 sections,” “3 sections,” and each bid combined, “instant bid”).

Around February 2008, the head of the business headquarters of C (hereinafter referred to as “stock company”) D, E’s representative director F, and G’s representative director H agreed that C will be awarded a successful bid in the second section tender, in the third section tender, and E will be a joint beneficiary.

F shall cooperate with 11 companies (I, J, K, L, M, N,O, P, Q, and R), including the Plaintiff, and C shall draw the cooperation of four companies (S, T, U, and V).

Thus, on April 1, 2008, the 17 companies including the Plaintiff (C, G, and 15 companies set forth in the above paragraph (hereinafter referred to as the 15 companies) were selected as the successful bidder by C using the tender statement prepared by W of the business director of C on April 1, 2008 (with the exception of C, the remaining 16 companies, excluding C, were written in six units, such as 8, 22, 25, 27, 28, and 29, to a higher level than the design amount than 109%).

In addition, on April 2, 2008, the 17th bidding date, the said 3rd bidding date, the G was selected as a successful bidder by the following methods: (a) the 16 companies, other than G, have been written with a higher bid price than 109% of the 7 types, such as 6,22,26,27,28,28, 29, and 30.

On February 9, 2012, the Fair Trade Commission agreed that X, “E, C, and G will receive each successful bid in the second section tender around February 2, 2008, and G will receive each of them. The 15 companies, including the Plaintiff, etc., have agreed to receive the said successful bid at the request of E or C around March 2008.