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(영문) 서울고등법원 2016.07.20 2014누46111
과징금부과처분 등 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

The defendant of the claim on February 25, 2014.

Reasons

1. Facts recognized;

A. The status of the Plaintiff, etc. Hyundai Industrial Development Co., Ltd. (in the case of a corporation for convenience, the portion of “stock company” in the name of the corporation is not indicated separately), zS construction, treatment construction, KS construction, scco construction, scco construction, Samsung physical industry construction, modern construction, and large forest industry (hereinafter “8 large construction companies”), and the Plaintiff and joint-use construction, solar construction, scopic construction, scopic construction, scopic construction, scopic global construction, copic construction, scopic construction, scopic construction, scopic construction, scopic development, promotion company, and entertainment (hereinafter “eight large construction companies”) are corporations with construction business purposes, and constitute business operators under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. Tender No. 1 for the Incheon Urban Railroad No. 2 1) Incheon Urban Railroad 2 (hereinafter “the instant construction”)

A) The method of design and a package deal project execution is divided into 16 sections from 201 to 216 sections. The method of design and a package deal project execution method of design and a package deal project execution method of design and construction is also a method in which a package work executor takes charge of both design and construction, and the ordering person concludes a contract with a single contractor and the contractor provides all services, such as financing, design, construction, and operation for construction works, to the ordering person (However, the construction section 206 is an alternative tender (the design that reflects the original design presented by the ordering agency at a price lower than the original design).

[] A tender was conducted. The person qualified for design (at least 80 points of design score) evaluated by giving a specific weight to design score and price score among the eligible design persons (at least 80 points of design score), and then the person with the highest total point was determined as the successful bidder, and the design score (at least 50 to 70 points) was respectively implemented according to the construction section.

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