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(영문) 서울고등법원 2016.01.14 2014누46333
시정명령및과징금납부명령취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The position of the plaintiff et al., the plaintiff et al., Scco construction company, joint-use construction company, modern industrial development company, Taeyoung construction company, SS construction company, 2. Kumsan construction company, KS construction company, KS construction company, Hanyang construction company, modern construction company, joint-use global company, Samsung Crup Global, Samsung Crup Global Construction company, Daelim Industries Co., Ltd., Carp Construction Co., Ltd., Kukdong Construction Co., Ltd., Kukkdong Construction Co., Ltd., Kukkdong Construction Co., Ltd., Sinkknan Construction Co., Ltd., Dok Construction Co., Ltd., consideration development company, promotion company Co., Ltd., Ltd., and interest company (hereinafter "the plaintiff et al." in each trade name omitted) are those engaged in construction business, and constitutes "business entity" as prescribed in Article 2 subparagraph 1 of the former Monopoly Regulation and Fair Trade Act.

The construction work for the Incheon Urban Railroad 2 Line Construction Work, Incheon Urban Railroad 2 (hereinafter referred to as the “instant construction work”) was divided into 201 to 216 construction sections, and the design and a package deal method of construction and construction work is a package deal method (Turn-Key) contract method in which a package work executor takes charge of both design and construction work, and the ordering person concludes a contract with a single constructor, and the constructor provides all services, such as financing, purchase of land, design and construction and operation, to the ordering person (However, the construction section 206 is an alternative tender (tender at a price lower than the original design, which reflects the original design presented by the ordering agency). The tender was conducted as a package deal method.

The person qualified for design shall be determined as the successful bidder after giving a specific weight to the design score and price score from among the eligible design persons (not less than 80 points), and the person whose total score is the highest.

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