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(영문) 서울고등법원 2016.09.07 2014누46326
과징금 부과 취소청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts recognized;

A. The status of the Plaintiff, etc. and Hyundai Industrial Development Co., Ltd. (hereinafter “Modern Industrial Development,” and the names of other companies are not indicated separately in the name of the Plaintiff, etc., and for convenience, a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) is a business entity with the purpose of engaging in construction business, as stipulated in Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. The tender documentation of the construction works of the Incheon Urban Railroad 2 line 1) The construction works of the Incheon Urban Railroad 2 line means the method in which the construction work is divided into 16 sections from 201 to 216 sections. The package construction work of the Incheon Urban Railroad 2 line is also the method in which the construction work executor is in charge of all the design and construction works. The ordering person concludes a contract with one contractor, and the contractor provides the project owner with all the services, such as financing, purchase of land, design and construction, etc.: Provided, That 206 sections were conducted by alternative tender. The tender was conducted. The decision of the qualified person qualified for design (at least 80 points of the design score) assessed by giving a specific weight to the design score and price score, which is the method in which the highest person with the highest points is determined as the successful bidder, each design score (50-70 points) and price score (3050-10 points) in accordance with the construction section, the Plaintiff participated in the construction project and the scheduled bidder of this case 21 construction from among the construction section 215.

(b) above.

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