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(영문) 서울고등법원 2016.06.10 2015누45665
시정명령등취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

The defendant of the claim was dated March 12, 2015.

Reasons

1. Facts based on which there is no dispute over the details of the relevant facts and disposition (based on recognition), Gap 1-3, and the purport of the whole pleadings;

A. The Plaintiff et al.’s status as the Plaintiff, etc., the Korea New Technology Co., Ltd. (hereinafter “stock company” among the company names”), Tae Young-young Construction, the Hanjin Heavy Industries, and the Hanjin Construction (hereinafter “six companies, including the Plaintiff”) are companies engaged in construction business, and are business entities under Article 2 subparag. 1 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 10166, Mar. 22, 2010; hereinafter “former Fair Trade Act”).

B. The tender process of Saemangeum Flood Control 5 Tools 1) tender process and 5 Saemangeum Flood Control 1: the construction work of waterproof 9,016 meters and 3 bridges 2. Pursuant to the public tender announcement dated 28, 2010 by the Korea Rural Community Corporation which is the project owner, each construction company submitted documents prior to participation in bidding on January 11, 201, and bid was conducted on April 6, 2010. The tender method was conducted as a package construction work of 70%, 30%, 30% higher in price points, 40% higher in total, 40% higher in total as successful bidders, 30% new construction projects (joint supply and demand), 30% new construction projects (joint supply and demand), 40% new construction projects (joint construction), 30% new construction projects (joint construction projects), 30% new construction projects (joint construction projects) construction projects (joint construction), 40% new construction projects (Joint Construction), 530% construction projects (Joint Construction), 530, 5310.2) construction projects (Joint Construction) construction projects (F2) construction projects (F2).2).

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