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(영문) 서울고등법원 2016.01.13 2015누34900
과징금부과처분 등 취소 청구의 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 Plaintiff, etc. and the Plaintiff, etc., as well as Samsung C&T Construction Co., Ltd. (hereinafter referred to as “stock company” in the name of the corporation for convenience purposes), Samsung C&T Construction, K&C Construction, K&C Construction, K&C Construction, T&T Construction, T&T Construction, T&T Construction, T&T Construction, Hyundai Industrial Development, Geumho-ho, M&C Construction, M&C Construction, M&T Construction, T&T Construction, Kukdong Construction, T&T Construction, T&T Construction, T&T Construction, C&T, Samsung Heavy Heavy Heavy Heavy Industries, K&C Construction, K&T Construction, K&M, T&T Construction, K&T Construction, T&T Construction, and Hyundai Construction (hereinafter referred to as “the Plaintiff and other construction companies”) constitute a business entity with purposes of construction and civil engineering, as stipulated in Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. The method of bidding (1) a summary of the public construction and the construction market in Korea 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) the intent of the bidder, together with the original tender for the alternative.

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