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(영문) 서울고등법원 2016.07.08 2014누8041
시정조치명령등취소
Text

All of the plaintiff's claims are dismissed.

Costs of lawsuit shall be borne individually by each person.

The defendant's decision on October 7, 2014 is made by the defendant.

Reasons

1. The fact that there is no dispute over the background of the basic facts and disposition (based on recognition), the entries in Gap 1-2, Eul 1-3 (including each number), the purport of the whole pleadings;

A. In the name of the Plaintiff, etc., the Plaintiff, etc., NAS Construction Co., Ltd., and Samsung C&T Co., Ltd. (hereinafter referred to as “stock company”) are omitted, and the said three construction companies are those engaged in construction business as stipulated in Article 2 subparag. 1 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 10166, Mar. 22, 2010; hereinafter “Fair Trade Act”).

B. The main contents of the construction project for the extension of the drainage system of the Nakdong River-gu river mouth bank (a summary of the tender for the extension of the drainage system) are part of the construction project for the purpose of flood prevention, securing water resources, improving water quality, etc., which is installed in the existing Nakdong River-gu river mouth bank (hereinafter “instant construction project”). The main contents of the construction project include the installation of six additional drainages on the ten drainages installed in the existing Nakdong River-gu river mouth bank.

B) On July 10, 2009, the Korea Water Resources Corporation, the ordering agency, ordered the instant construction work. The outline of the construction work is as follows. The six copies of the major drainage system of the Korea Water Resources Corporation, traffic bridge 1 type, and auxiliary facilities 1,130 days from the commencement date of the project period for the construction site, and the method of selecting successful bidders in package deal with design and construction (design 60%, price 40%) total budget amounting to 221,70,000,000 won (including value-added tax) tender method and bid procedure (including value-added tax) tender method and bidding procedure (including value-added tax) of the Korea Water Resources Corporation, the ordering agency method of the construction work, as of July 10, 2009, each construction company shall be deemed to be subject to prior examination of participation in bidding on July 20, 2009.

Documents were submitted, and bid was made on October 23, 2009.

The bid method is a package deal with design and construction works.

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