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(영문) 광주지방법원 2015.12.24 2015구합11066
입찰참가자격제한처분취소
Text

1. The plaintiff B's lawsuit shall be dismissed.

2. On April 10, 2015, the Defendant against Plaintiff A Co., Ltd. on April 21, 2015 for six months, respectively.

Reasons

Details of the disposition

The Plaintiff Company A (hereinafter “Plaintiff Company”) is a company with the business purpose of manufacturing and selling electrical appliances, and the Defendant is a quasi-governmental institution under the Act on the Management of Public Institutions established for the purpose of developing electric resources under the Korea Electric Power Corporation Act (hereinafter “Public Institutions Operation Act”).

On October 23, 2014, the Fair Trade Commission decided on October 23, 2014, the Korea Fair Trade Commission agreed on the successful bid volume and bid price for each enterpriser in the bidding for the mechanical power supply ordered by the defendant from 1993 to 2010, and ordered the plaintiff company to prohibit bid collusion and to pay a penalty surcharge of KRW 18 million on the ground that the plaintiff company committed an unfair collaborative act provided for in Article 19 (1) 1 and 3 of the Monopoly Regulation and Fair Trade Act on the ground that the plaintiff company had committed an unfair collaborative act provided for in Article 19 (1) 1 and 3 of the Monopoly Regulation and Fair Trade Act.

(hereinafter “Fair Trade Commission’s resolution”). The Plaintiff Company’s violation subject to corrective order and penalty surcharge is the time of November 16, 2010 when the total tender documentation was held in November 16, 2010 when the Plaintiff Company participated, and the period of termination of December 30, 2010 when there was bidding price for a short 40 items in 2010, which had been one time for which one time had been conducting unfair collaborative act. The Fair Trade Commission, among the contract amount that the Plaintiff Company entered into with the Defendant in the name of the partnership, set the calculation standards for the Plaintiff Company by applying the imposition rate of KRW 690,137,000, which was distributed by the Plaintiff Company as related sales, as KRW 34,507,00, and Plaintiff.

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