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(영문) 서울고등법원 2016.01.14 2014누3435
시정명령등취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts and circumstances of dispositions;

A. The status of the Plaintiff, etc. constitutes a “business entity” under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (amended by Act No. 1119, Dec. 2, 201; hereinafter “Fair Trade Act”), among those engaged in construction business, the Plaintiff and Hyundai Industrial Development Co., Ltd.; Hyundai Industrial Development Co., Ltd.; NAS Construction Co., Ltd.; NAS Construction Co., Ltd.; Posco Co., Ltd.; Posco Co., Ltd.; Mosco Co., Ltd.; Mosco Co., Ltd.; Mosco Co., Ltd.; Mosco Co., Ltd.; Mosco Co., Ltd.; Mosco Co., Ltd.; Mosco Co., Ltd.; Mosco Co., Ltd.; hereinafter “the Fair Trade Act”).

(hereinafter referred to as “stock company” is omitted in the name of the Plaintiff, etc.

1) Incheon Urban Railroad 2line Construction Works (hereinafter referred to as the “instant Construction Works”) 1) Incheon Urban Railroad 2

Section 201 Section 201 (hereinafter referred to as the “instant construction sections”) specify the specific construction sections as the construction section number.

B) From 216 to 216 sections, “The package deal method of design and construction” was divided into 16 sections, and the package deal method of design and construction work is the package deal method (Turn-Key) contract method (Turn-Ky) 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 contractor, and the execution contractor 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 (the design that reflects the original design presented by the ordering agency at a price lower than the original design).

(b) bidding has been conducted.

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