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(영문) 서울중앙지방법원 2019.10.10 2019고정1415
독점규제및공정거래에관한법률위반
Text

[Defendant A Co., Ltd. and Defendant D] A Co., Ltd. are punished by a fine of KRW 30 million, and Defendant D is punished by a fine of KRW 50 million.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (Representative E, hereinafter referred to as “A”), Defendant B (Representative D, hereinafter referred to as “B”), and Defendant C Co., Ltd. (hereinafter referred to as “C”) are corporate entrepreneurs with the main business objectives of the Seoul Seocho-gu Seoul Metropolitan Government G Building, cargo transport business on the second floor, etc.

Defendant

D is the actual representative of each of the above corporate entities and is a person in charge of overall business of the above corporate entities.

1. Defendant D’s bid ordered by the Korea Elevator Safety Corporation (in order to accurately measure the weight of the object, metal material made by the Korea Elevator Safety Corporation, and the Korea Elevator Safety Corporation (in carrying out a transport service tender that moves the Dong owned by the Korea Elevator to an elevator for the nationwide elevator inspection) with the above B and C as a formal bidding participant (tentatively referred to as “surver company”), and had A receive the above divided transport service.

On November 27, 2012, the Defendant: (a) participated in “H tendering” ordered by the Korea Elevator Safety Corporation; and (b) determined the bid amount of “B” as KRW 1,140,835,825, and the bid amount of “A” as KRW 1,130,516,707, respectively; and (c) determined A as a successful bidder in advance at H tendering bid ordered by the Korea Elevator Safety Corporation four times in total from the first day until the first day, and participated in the bidding by setting the bid amount of each of the said corporations, including the participation of KRW 1,130,516,707.

As such, the Defendant committed an act of unfairly restricting competition by mutual agreement between the aforementioned corporations on the scheduled bid price, the formal bid participant, and the bid price in advance in H bidding ordered by the Korea Elevator Safety Corporation.

2. Defendants A, B, and C are the actual representative of the Defendants.

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