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(영문) 서울고등법원 2016.01.13 2014누65969
과징금납부명령취소청구
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 Plaintiff et al. and the Plaintiff, etc. (in the case of a corporation for convenience, the portion of “stock company” in the name of the corporation is not indicated separately), Samsung C&T construction, K&C construction, Hanjin Heavy Industries, C&T construction, stecu construction, sweet construction, sweet construction, sweet construction, modern industrial development, gold industry, ssS construction, sweet construction, sweet construction, Gyeongnam-do construction, consideration and development, Kukdong-do construction, Kumkdong-do construction, sweet construction, Samsung Heavy Heavy Industries, Samsung Heavy Heavy Industries, Samsung Heavy Construction, K&C global, K&C construction, Han new public and modern construction (hereinafter collectively referred to as “28 construction companies, such as the Plaintiff”) are corporations with the business purposes of construction and civil engineering as stipulated in Article 2 subparagraph 1 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as “Fair Trade Act”).

B. The method of bidding (1) a summary of the domestic public construction and the railroad construction market is largely divided into ① a separate bid for design and construction, ② a package tender for design and construction, ③ an alternative tender.

(A) The traditional bid system in which a separate bidder for design and construction works concludes a contract with the designer to complete the design and separately select the contractor and carry out the construction work.

The method of selecting a successful bidder shall be a successful bidder, and in general, the successful bidder shall be determined by the qualification examination system in the case of a public construction project, the estimated price of which is less than 30 billion won, and in the case of other public construction projects, by the lowest successful bidder system.

(b) the so-called internship (Turn-Key) method in which a package bidder for design and construction is responsible for both design and construction.

In other words, the ordering person shall enter into a contract with a single business operator and provide the business operator with all services such as financing, land purchase, design, construction and operation, etc. for construction works.

(c) according to the intent of the bidder, together with the original tender for the alternative.

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