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(영문) 서울고등법원 2019.05.24 2017누64295
입찰참가자격제한처분취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s disposition of restricting participation in bidding against the Plaintiffs on November 3, 2016.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except for the dismissal or deletion of the following among the grounds of the judgment of the court of first instance. Thus, the reasoning of the judgment of the court of first instance is as follows.

Each "Plaintiff B" among the reasons for the judgment of the court of first instance shall be deemed "Plaintiff AD".

The 3rd 7rd 7rd 7rd m3rd m3rd m3rd m3rd m3m3.

4. Each “annual” of the 17th parallel and 18th parallel shall be deleted.

10 pages 10 and 11 are as follows: “On the other hand, S and T did not appeal each fines of KRW 10,000,000.” On the other hand, some Defendants including Z were appealed by Supreme Court Decision 2017Do3426, but the appeal was dismissed on October 25, 2018 (hereinafter “relevant criminal judgment”).

The 10th page 15th page “B” shall be regarded as “Plaintiff AD.”

11. The "A" of the 11th page shall be changed to "Plaintiff A".

The 11th parallel parallel 7 to 13th parallel 5th parallel are as follows:

The facts that the plaintiff participated in the collusion in this case and won the successful bid are as seen earlier. However, in light of the following circumstances, it is insufficient to recognize that the evidence submitted by the defendant alone was sufficient to recognize that the plaintiffs led further collusion from the act of participating in collusion, and there is no other evidence to acknowledge it. (A) Since the 2000ss, many alternative materials of D appeared in majority, supply in D market were excessive, while price competition between D producers was very intense due to the reduction of demand for construction ordered by public enterprises and major domestic institutions such as large civil works or housing site development.

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