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(영문) 대전지방법원 2016.11.24 2015구합104908
입찰참가자격제한처분취소
Text

1. The Defendant’s disposition to suspend the participation of the Plaintiffs on October 20, 2015 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is a company engaging in the manufacture, sales, etc. of electric wires, and Plaintiff B was the representative director of Plaintiff A from March 30, 2006 to January 13, 2016.

B. The Defendant is a public institution designated as a quasi-government institution pursuant to the Act on the Management of Public Institutions by corporations for the purpose of constructing and managing railroad facilities (hereinafter “Public Institutions Operation Act”).

C. On August 24, 2012, the Defendant publicly announced a bid for purchasing train control cables (hereinafter “instant bid”). D.

Plaintiff

A participated in the instant bidding conducted on August 30, 2012, but was not selected as a successful bidder.

[Resolution D: Case number 2015 A and five companies, including Plaintiff A, agreed in advance on the distribution of successful bidders, bid price, and bid price volume (hereinafter “instant collaborative act”) in relation to the instant bidding, thereby conducting an unfair collaborative act as stipulated in Article 19(1) of the Monopoly Regulation and Fair Trade Act (hereinafter “instant collaborative act”).

Plaintiff

Five companies, A, etc. shall not re-examine any act of unfairly restricting competition in the train control cable bidding market in the same manner as the instant collaborative act.

Plaintiff

A and other five companies are subject to each penalty surcharge of KRW 179,00,000 through KRW 895,000,000 (total penalty surcharge of KRW 2,531,00,000 for five companies).

[Resolution E: Case Number 2015 A / [Case Number 2015 A] Plaintiff A applied for the first reduction or exemption before the Fair Trade Commission initiates an investigation into the collaborative act in this case, and submitted evidentiary materials necessary for the verification, and satisfies the requirements for corrective measures or reduction or exemption of penalty surcharge as a voluntary reporter.

The Fair Trade Commission shall exempt Plaintiff A from all corrective measures and penalty surcharges (447,00,000,000) among the details of the resolution D on July 15, 2015 on the instant bidding.

E. On July 15, 2015, the Fair Trade Commission ordered the instant bidding.

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