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(영문) 서울고등법원 2014.09.05 2013누45081
시정명령 등 취소청구의 소
Text

1. The part regarding “other matters that constitute competitive elements of tender” in paragraph 1 of the corrective order stated in the attached sheet shall be revoked.

2.

Reasons

1. Basic facts and circumstances of dispositions;

A. The Plaintiff’s status and Samsung C&T are those engaged in the construction business, and Saman and C&T are those engaged in design service business (hereinafter “T&T”), respectively, and fall under “business entity” as prescribed by Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. On July 10, 2009, the Korea Water Resources Corporation (hereinafter “Water Resources Corporation”) ordered the construction of B Multipurpose Dam with a view to securing the water for maintaining the water level of the river during the Han River basin and the Han River basin at the time of permanent residence of C and D, and at the time of permanent residence of C and D, the construction of B Multipurpose Dam (hereinafter “the instant construction”).

(hereinafter referred to as the “instant bid.” The instant bid is a package deal method in which the design and construction work executor is in charge of both the design and construction works. The instant bid is a “surn-Key method” or “Design Borrowing-Buil or Degrct method.”

The procedures for a package deal design and construction project are largely conducted by ① a tender announcement in the ordering authority, ② a prior examination, ③ a site descriptions, ④ a tender closing, ⑤ a design deliberation, 6 a price bid, 7 a successful bidder selection and contract conclusion.

The determination of a successful tenderer is conducted as follows. The method of determining a successful tenderer refers to the method of selecting a successful tenderer who has the highest total point after giving a specific weight to design score and price score from among eligible persons with more than 80 design score of weight criteria method.

(70% of the design score and 30% of the price score).

The plaintiff was a designer of drawing, etc. and participated in the bidding of this case by organizing a joint supply and demand organization with Dongbu Construction Co., Ltd. and each joint supply and demand organization with Samsung Heavy Construction Co., Ltd. as a designer. The plaintiff participated in the bidding of this case on July 23, 2009.

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