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(영문) 서울고등법원 2014.07.09 2012누28973
시정명령취소
Text

1. The part of the “construction tools to be selected as successful bidder” in the attached Form No. 1 shall be revoked.

2. The plaintiff's remainder.

Reasons

1. Facts recognized;

A. The Plaintiff, etc. and Daelim Industrial Co., Ltd. (hereinafter referred to as “stock company” in the name of the Plaintiff, etc. are not indicated separately in the case of a corporation for convenience”) the Plaintiff and Daelim Industrial Co., Ltd., and the Plaintiff, etc. constitute a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) as a corporation with construction business, etc. as stipulated in Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. (1) The Government’s implementation of the four major courses of the project and the formation of a consortium (a) the project to build the Han-do large canal construction project and the formation of a consortium (a) the public-private partnership project from December 2007 to improve the distribution system and secure water resources (hereinafter “private partnership project”) refers to the project designed to resolve the shortage of the government’s financial resources and to introduce the initiative and efficiency of the private sector in infrastructure by constructing and operating the infrastructure constructed and operated with the government’s budget as private financial resources.

The "Korean-do large-scale canal construction project" for the establishment of inland transportation routes in the form of the Gu, and the "Korean-do large canal project."

A) Around January 14, 2008, five companies (1-5) were organized to promote the large canal project of this case on the basis of the assessment value of the execution capacity in 2007, including treatment construction, Samsung C&T construction, S construction, modern construction, and large forest industry.

The purpose of this case is to promote the large canal project of this case, around January 2008, 12 to 2008, 9 major canal projects of this case, such as the two mountain construction, pairal construction, chial construction, the plaintiff, the Copial Global, the Gyeongnam enterprise, the building of the Dong department, the mountain-syllal construction industry, and the tridral enterprise.

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