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(영문) 서울고등법원 2017.07.20 2017누46969
과징금납부명령취소청구
Text

1. The Defendant’s corrective order as indicated in the attached Form No. 2014-203, Sept. 17, 2014, issued to the Plaintiff as the plenary session resolution.

Reasons

1. Facts of recognition [based on recognition] without dispute, Gap evidence 1, Eul evidence 2, 4, 5, 6, and 7, each entry, and the purport of the whole pleadings;

A. The Plaintiff et al. and the Plaintiff, etc. (hereinafter referred to as “stock company” in the name of the Plaintiff et al.) are corporations with the purpose of construction and civil engineering, etc., Samsung C&T, K&C construction, K&C construction, K&C construction, chip construction, schip construction, schip construction, schip construction, modern industrial development, gold industry, sschip construction, schip construction, schip construction, schip construction, schip development, schip construction, schip construction, echip construction, echip construction, schip construction, schip construction, Samsung Heavy Heavy Industries, Samsung Heavy Heavy Industries, K&S global, Schip, Han new public and modern construction (hereinafter referred to as “28 construction companies such as Plaintiff et al.”), which constitute a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act.

B. A summary of the domestic public construction tender and the railroad labor-management market) tender method is largely divided into ① a separate design and construction, ② a package of design and construction, ③ an alternative tender, and ③ an alternative tender. ① The construction and construction separate contract is a traditional bid system in which the contractor concludes a contract with the designer and completes the design, and separately selects the contractor. The method of selecting successful bidder is a qualification examination system and the minimum successful bidder. In general, in the case of public construction with an estimated price of less than 30 billion won, the successful bidder shall be determined by the qualification examination system, and in the case of other public construction, the minimum successful bidder shall be determined by the package of design and construction (Turn-Key method).

In other words, the ordering person shall enter into a contract with a single business operator, and the business operator shall provide all services such as financing, purchase of land, design and construction and operation.

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