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(영문) 대전지방법원 2016.12.07 2015구합104892
입찰참가자격제한처분취소
Text

1. The Defendant’s disposition to suspend the participation of the Plaintiffs on October 20, 2015 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is a company engaging in the manufacture, sales, etc. of electric wires, and Plaintiff B was the representative director of Plaintiff A from March 29, 2006 to January 13, 2016.

B. The Defendant is a corporation for the construction and management of railroad facilities and is a public institution designated as a quasi-government institution under the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”).

C. On June 29, 2015, the Fair Trade Commission decided as follows with respect to “one 12 business entities related to the purchase bid C by the Korea Rail Network Authority (Case Number 2015 No. 1450)” as follows.

(D) The 11 companies, including Plaintiff A, participated in the purchase bid listed in the attached Table 1 List (hereinafter “instant bidding”) ordered by the Defendant, and engaged in an unfair collaborative act as prescribed by Article 19(1)8 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) in such a way as to agree in advance to determine successful bidders and to allow them to participate in the bidding formally (hereinafter “Fair Trade Act”).

Plaintiff

A, etc. shall not engage in any act of unfairly restricting competition in the defendant's purchase bid in the same manner as the collaborative act of this case.

Plaintiff

A, etc. 10 companies (the 11 companies involved in the collaborative act of this case, among them, are excluded from the imposition of penalty surcharges in consideration of the fact that only one unit of bidding is participating in the bidding among the bidding of this case and that it is a small-scale small-scale business operator) shall pay to the National Treasury the penalty surcharges of KRW 30,000 to KRW 2,504,000 (the penalty surcharge of KRW 1,893,000 against Plaintiff A).

In relation to the foregoing case on June 30, 2015, the Fair Trade Commission set forth below with respect to “cases for reduction and exemption (case No. 2015 No. 1740) of Plaintiff A”.

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