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(영문) 서울고등법원 2017.01.18 2016누39445
시정명령 등 취소청구의 소
Text

1. On December 3, 2015, the Defendant’s order to pay a penalty surcharge under attached Form 1(2), which was issued to the Plaintiffs by resolution C, shall be revoked.

2...

Reasons

1. Facts recognized;

A. The Plaintiffs, including the status of the Plaintiffs, are business operators engaged in each digital content production, and their major shareholders D and their families hold 100% of the Plaintiff Company A’s shares and 75% of the Plaintiff Company B’s shares, and Plaintiff A hold 25% of the Plaintiff Company B’s shares.

In addition, some of the major shareholders of the plaintiffs concurrently serve as the executives of the plaintiffs.

B. 1) E-learning content development outline 1) The term “e-learning content development market” means “educational activities conducted using information and communications technology without going through time and place”, and the development of e-learning contents refers to business activities conducted in the form of visual and sound effects that can be used in the form of learning equipment such as computers. 2) E-learning content development is divided into self-production and consignment production. In case public institutions, such as educational information centers under the Office of Education, or universities, etc. request content production to students or employees for the purpose of education, the market size is estimated to be approximately KRW 20 billion.

3. The e-learning content development tender is generally conducted by means of "contract by negotiation" pursuant to Article 42 of the Enforcement Decree of the Act on Contracts to Which the State is a Party and Article 43 of the Enforcement Decree of the Act on Contracts to Which a Local Government is

In other words, the ordering agency shall submit the project proposal in the form of a written computer file, etc. from the participants, and the bid amount shall be separately submitted through the Internet homepage, such as the national forum of the Public Procurement Service, through electronic bidding, and evaluated according to the standards as listed below, and then select the highest score braille from among those whose total score is not less than 70 points in total.

The ordering authority has submitted to the person selected as a potential concessionaire at the time of bidding.

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