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(영문) 서울고등법원 2016.10.26 2016누39049
시정명령및과징금납부명령취소
Text

1. The Defendant’s order to pay penalty surcharges in attached Form 2, which was issued by Resolution No. 2016-050 on February 15, 2016, against the Plaintiff.

Reasons

1. Facts recognized;

A. The status of the Plaintiff et al., the chemical industry development corporation, and Korea Industrial Development Co., Ltd. (hereinafter “stock company” in the name of the company, omitted, and the combination of them is a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”), which is all those engaged in the construction business.

B. The installation works for the treatment facilities of the general person at the end of the local industrial complex treatment facilities (hereinafter “mar and achievement2 construction”) in gender and objective 2 construction and the outline of the second construction tender and achievement 2 construction, and the construction works for the general person at the end of the local industrial complex.

(2) On March 10, 201 of the Public Procurement Service’s announcement of tender on March 31, 201, the Plaintiff and the chemical industry constituted a joint supply and demand organization on April 11, 201, and submitted a tender on June 16, 2011, the tender was made on June 2, 2011. 2) The construction for the construction for the treatment of factories, wastewater, and daily sewage generated within the temine Industries Complex in Daegu Metropolitan City, Daegu Metropolitan City, for the treatment of factories, wastewater, and daily sewage generated within the temine Industries Complex in the Daegu Metropolitan City, Daegu Metropolitan City, and the construction for the treatment of general wastewater and daily sewage generated in the temine Industrial Complex (hereinafter “temine Lease Construction”) was conducted on June 10, 2011 by the Public Procurement Service, which is the ordering person, to submit a tender notice to the Plaintiff on June 10, 2011.

3) Neither gender nor achieved 2nd construction and teropool Lease (hereinafter “each of the instant construction”)

The tender was conducted by design and package deal method, and the decision of the successful bidder shall be made by weight.

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