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(영문) 서울고등법원 2016.07.22 2014누7475
과징금납부명령취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts based on which there is no dispute over the details of the relevant facts and disposition (based on recognition), the entry of evidence A1, 3, and 4 (including additional numbers), and the purport of the whole pleadings;

A. In the name of the Plaintiff, etc., the Plaintiff, Daelim Industrial Co., Ltd., and Daewoo Construction Co., Ltd. (hereinafter referred to as “stock company” is omitted, and the said three construction companies constitute a business entity under Article 2 subparag. 1 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 10166, Mar. 22, 2010; hereinafter “Fair Trade Act”).

(b) Construction works for a vehicle base for a Gangnam-Speed high-speed rail is a construction work for a tallying facility, a storage line, other auxiliary facilities, and a vehicle base adjacent to the vehicle base, for the maintenance and repair of high-speed rail vehicles to be operated in the Gangnam-speed high-speed rail (high-speed rail with the total length of 184.534 km), the construction work for a vehicle base for a Gangnam-speed high-speed rail is a new construction work for a tallying facility for the maintenance and repair of high-speed rail vehicles to be operated.

B) On October 8, 2009, the ordering authority, published a notice of tender as of October 8, 2009, and the outline is as follows. The construction company’s announcement of tender is as follows: calculated Dong-dong of Gwangju Mine at the construction site of the KRNA, 40 months from the date of commencing the construction work of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the first high-speed high-speed high-speed high-speed high-speed high-speed high-speed rail, 16th unit of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site.

The documents were submitted, and tender was made on April 2, 2010.

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