1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Details of the disposition;

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) is a company engaging in the manufacture, sales, etc. of electric wires, and Plaintiff B was the representative director of Plaintiff A from March 29, 2006 to January 13, 2016.

B. The Defendant is a public institution designated as a quasi-governmental institution pursuant to the Act on the Management of Public Institutions by Juristic Persons established for the purpose of constructing and managing railroad facilities under the Korea Rail Network Authority Act (hereinafter “Public Institutions Operation Act”).

Plaintiff

The 11 companies, including companies, etc. conducted unfair collaborative acts as stipulated in Article 19(1)8 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) in such a manner as to decide successful bidders in advance while participating in the purchase bid listed in attached Table 1 List C (hereinafter “instant bidding”) ordered by the Defendant, and at the same time, they agreed to participate in mutually formally in bidding so that they can be awarded a successful bid.

Plaintiff

11 companies, such as companies, etc. shall not re-be allowed to engage in any act of unfairly restricting competition in bidding for the defendant in the same manner as the collaborative act in this case.

Plaintiff

Ten companies including companies (the 11 companies among the 11 companies participating in the collaborative act in this case shall be exempt from the imposition of penalty surcharges in consideration of the fact that only one case of the tender in this case is participating in the bidding and that it is a small-scale small-scale business operator) shall pay to the National Treasury the penalty surcharges of KRW 30,000 to KRW 2,504,000,000 (the penalty surcharges of KRW 1,893,000,000 against the plaintiff company).

C. On June 29, 2015, the Fair Trade Commission decided as follows with respect to “one 12 business entities related to the purchase bid C by the Korea Rail Network Authority (Case Number 2015 No. 1450)” as follows.

(Resolution D) The Plaintiff Company is the first day of October 14, 2013, before the Fair Trade Commission initiates an investigation.