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(영문) 서울중앙지방법원 2018.10.04 2018고단5027
독점규제및공정거래에관한법률위반
Text

Defendant

A Co., Ltd. and B Co., Ltd. are punished by fines of KRW 10 million, and Defendant C Co., Ltd. are punished by fines of KRW 5 million.

Reasons

Punishment of the crime

Defendants and H Co., Ltd. (hereinafter referred to as “H”) are legal entities and business entities established for the purpose of managing each apartment house, and business entities shall not agree with other business entities to jointly engage in an act of unfairly restricting competition by determining a successful bidder, bidding price, etc. in bidding or auction, nor have other business entities engage in such act.

Nevertheless, Defendant A Co., Ltd. (hereinafter “Defendant A”) requested that “A will participate in the bidding at a price higher than the minimum bid price, which is the price scheduled for A’s bidding, so that A may continue to be entrusted management,” and the above K et al. accepted the request by the head of the North-west District Headquarters of the above company’s North-west District Headquarters at around May 2013, when the J requested the participation of the employees K and H of Defendant B Co., Ltd (hereinafter “Defendant B”) by telephone to the employees K and H’s employees around May 2013.

After that, on June 7, 2013, Defendant A bid to seven won per unit area (per unit area) in the bid for the selection of an apartment management entity entrusted with the foregoing apartment project, which was conducted on or around June 7, 2013, and Defendant B and H participated in the bid of KRW 7.49 won higher than the above management unit price and KRW 7.56 won, thereby allowing Defendant A to obtain a successful bid as the above apartment management entity entrusted with the foregoing apartment project ( = 7 won x 97,038.69 square meters), total contract amount of KRW 24,453,720.

Accordingly, Defendant A and Defendant B agreed and implemented that “an act of determining successful bidder and bid price in a bidding” which unfairly limits competition with H’s employees, jointly with each of their employees, should be “an act of determining bid price and bid price.”

In addition, the Defendants jointly with H from May 2013 to September 15, 2015.

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