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(영문) 서울고등법원 2015.12.09 2014누70459
시정명령등취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts recognized;

A. In the case of the Plaintiff, etc. and LSP Co., Ltd. (hereinafter referred to as “SP”), the Plaintiff, etc., and the Plaintiff and the ELSP Co., Ltd. (hereinafter referred to as “SSP”), and the trade name of the corporation was changed, as a matter of principle, the name of the corporation was changed, and the trade name was changed to “TP” around October 2013, when the trade name was changed.

In order to distinguish it from other business operators of the same trade name, the "Twitdo" shall be referred to as the "Twitdo".

(hereinafter referred to as "the 14 business entities, including the plaintiff, etc.") is a machine measuring which uses the amount of electricity for a certain period of time in the electric meters, and is largely divided into the mechanical electric meters and the electronic electric meters.

A corporation whose business purpose is manufacturing and selling business, etc. is a business operator under subparagraph 1 of Article 2 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as the "Fair Trade Act").

On the other hand, Korea's First Electric Power System Business Cooperatives and Korea's Second Electric Power System Business Cooperatives are non-profit incorporated associations established to promote the sound development of electric power system business and the promotion of mutual welfare among the members, which are stipulated in Article 2 subparagraph 4 of the Fair Trade Act.

B. The bidding method of the Korea Electric Power System’s tender outline (1) of the Korea Electric Power System (hereinafter “Korea Electric Power Corporation”) is largely divided into “the desired quantity minimum bidding method” and “the eligible bid method”.

The former is a method of allowing a participating business operator to cover the desired quantity and amount of the total ordered quantity, and then allocating the successful bid in sequence from the business operator who presented the lowest price.

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