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(영문) 광주지방법원 2018.10.04 2016구합13397
부정당업자제재 처분취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) using the test samples for non-destructive testing purposes to examine the existence or absence of any internal structure or defect, condition, etc. without destroying them;

B. On September 20, 201, the Defendant publicly announced the bid for non-destructive testing services (hereinafter “instant bid”) accompanied by the construction works of the B nuclear power plant (hereinafter “instant bid”) as follows, and 12 companies, including the Plaintiff, constituted four consortiums and participated in the said tender.

The name of service: The estimated price for the non-destructive testing service period of the B nuclear power plant from February 2, 2012 to May 99, 2020: the basic amount for the preliminary price of KRW 34,310,00,000 (applicable to zero-rate tax where the main service is performed overseas): the content of the service: 32,937,600,000 (applicable zero-rate tax rate). ① General competitive bidding * the method of installation and management of the radioisotope storage facility at the site of pipes and equipment during the construction and trial of the power plant.

C. On February 21, 2012, a consortium in which C, D, etc. participated was the final successful bidder, and entered into a service contract with the Defendant on February 21, 2012, and thereafter, the above service has been performed until now.

On September 6, 2016, the Fair Trade Commission determined C as a successful bidder in advance while participating in the bidding of the instant service by Plaintiffs, E Co., Ltd, F, D Co., Ltd, C Co., Ltd., and G Co., Ltd. as a successful bidder. The bid price was determined for each company to be awarded a successful bid at a high price by C Co., Ltd., and each company agreed to jointly perform the said service with 1/6 equity shares, and jointly conduct an unfair collaborative act as prescribed by Article 19(1)8 of the Monopoly Regulation and Fair Trade Act (hereinafter “instant collaborative act”).

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