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(영문) 서울고등법원 2019.09.26 2019누37600
부정당업자 제재처분 취소청구의 소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff is a corporation established around December 1984 and engaged in the production, sale, etc. of high-Robbery concrete files (PHC files).

C. A cooperative (hereinafter “the cooperative of this case”) is a non-profit corporation established by domestic small and medium enterprises producing a PHC file that reinforces the powder base around February 1990, which is sewage pipes, the original judgment-based concrete fume, power supply exclusively, and telecommunications concrete poles as its main objective business to promote the development of the concrete industry and the welfare of its members. 17 companies nationwide small and medium enterprises including the Plaintiff who produces the PHC file (the Plaintiff, D Co., Ltd., E, E Co., Ltd., E, E Co., Ltd., Ltd., F Co., Ltd., Ltd., G Co., Ltd., Ltd., HHC Co., Ltd., Ltd., I, K Co., Ltd., Ltd., Ltd., L Co., Ltd., Ltd., Ltd., MP Co., Ltd., Ltd., Ltd., P Co., Ltd., Q, Inc., Ltd. (hereinafter “the member companies of this case”).

[1] All members of the instant association are members of the instant association.

On July 1, 2016, B of the Plaintiff’s representative director, in collusion with the executive officers of the instant association, the representative director of the instant member companies, or the person in charge of bidding affairs, etc., the Plaintiff’s representative director, from April 17, 2012 to May 24, 2016, shall designate the government-funded Telecommunication among the instant association and the members of the instant association, in advance, a successful bidder is designated as a successful bidder (association or individual member companies) and a person scheduled to award a successful bid, and the said person shall reflect the bid at a higher price than this advance bid price, and the remaining company shall not be selected as a successful bidder by intentionally failing to participate in the relevant bid, or by intentionally failing to select a successful bidder in excess of the expected bid price, and then, shall convert the contract method into a negotiated contract method by a negotiated contract.

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