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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On April 4, 2012, Seoul Special Metropolitan City (hereinafter “instant project”) established a bus exclusive lane control system, which uses automated electronic devices, etc. to regulate traffic offenders, such as violation of bus exclusive lanes, violation of prohibition of parking and stopping, and the illegal parking and unmanned traffic control system, and continuously continued to operate projects, such as improving and replacing the equipment. As such, the Seoul Special Metropolitan City ordered the instant project to build and improve performance of the unmanned control system in 2012 (hereinafter “instant project”).
B. On April 25, 2012, the Plaintiff and KONEX Co., Ltd. (hereinafter “KONEX”) constituted a joint venture (49% of the Plaintiff’s shareholding ratio, and 51% of the KONEX’s shareholding ratio) under the partnership agreement, and were selected as a priority negotiation entity by participating in the bidding for the instant project and being selected as another competitive bidder, who is another competitive bidder.
C. However, as the proposal submitted by the Plaintiff and KONEX system is similar to the content of the HON system, which is another competitive participant, the Plaintiff and KONEX system, and thus, it was doubtful that there was collusion in the said bidding, and eventually, the conclusion of the contract on the instant project was unnecessary.
The Fair Trade Commission issued a corrective order on April 11, 2016 to the Plaintiff and the KON System as a decision No. 2016-098 of the Monopoly Regulation and Fair Trade Act on April 11, 2016 and issued a penalty surcharge of KRW 20 million to the Plaintiff and KON System, on the ground that both the Plaintiff and KON System and the KON System violated Article 19(1)8 of the Monopoly Regulation and Fair Trade Act.
E. The Defendant’s establishment of the KON system with the Plaintiff and KONEX as a part of a bid and participated in the bidding, and the former Act on August 6, 2013 to which the former local government is a party.