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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a company that runs a service business related to the geographic information system (GIS, Geograsem) such as aerial photography business, video treatment business, numerical map production business, etc.
B. From 2009 to 2013, the National Land Geographic Information Institute ordered 37 aerial photography services by means of general competitive bidding.
In participating in each of the above bidding, the Plaintiff agreed in advance with the company to be awarded a successful bid and the amount to be bid and the share to be allocated in distribution of profits, with the company to be awarded a successful bid in case where the above 14 companies, including the Plaintiff, are collectively referred to as the above 14 companies, B, C, D, E, E, F, G, H, H, and H, K, K, K, L, L, M and N. (hereinafter referred to as “Plaintiff, etc.”), and was awarded a successful bid through the pre-determined company, and was jointly carried out (hereinafter referred to as “air photography collusion”) in a way that profits are divided according to the equity ratio that they jointly carried out and allocated.
C. On April 28, 2015, the National Land Geographic Information Institute ordered the O project by means of a contract conclusion bid through negotiations.
In participating in the bidding, the Plaintiff: (a) participated in the bidding by organizing a joint contractor with the representative company; (b) agreed in advance to designate a joint contractor representing the Plaintiff as the successful bidder; and (c) determine the bid price, etc. as the successful bidder; (d) prepare a tender document on behalf of the business entity; and (e) determine and deliver the bid price; and (e) was ultimately selected as the contracting party to the project.
(hereinafter referred to as "O business collusion") d.
On January 29, 2019, the Defendant rendered 10 cases of 2012 collusion and 19 cases of 2013 collusion among Plaintiff’s aerial photography collusion as the ground for disposition.