1. The plaintiff's claim is dismissed.

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

The defendant's claim on December 12, 2014.

1. Facts recognized;

A. The status of the Plaintiff, etc. and the KS Construction Co., Ltd. (hereinafter “SK Construction,” and, for convenience, the name of other companies omitted the indication of “stock company”), the large forest industry, sco construction, and modern industrial development (hereinafter collectively referred to as “five construction companies including the Plaintiff, etc.”) are companies engaging in construction business as prescribed by Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. The domestic public construction project tender system 1) is largely divided into design and construction, design and construction, package tender, and alternative tender. Among them, the alternative tender is a tender method that permits third alternatives according to the intent of bidders along with the original tender. In other words, the alternative tender is a tender that is allowed to be implemented in a way that does not exceed the construction period, as it reflects the reduction of new construction technology and construction period, etc., which are equal to or have more functions and effects than the original design without changing the basic policy, with respect to the possible types of work among the types of work on the execution design prepared by the ordering agency. The alternative tender has the advantage of enhancing the efficiency of construction through competition and inducing the development of long-term technical capability. 2) The alternative tender procedures and the methods of determining successful bidders are as follows.

(1) The method of adjusting the minimum price, or (2) the method of adjusting the design score, (4) the method of determining the successful bidder, and the method of determining the successful bidder at the lowest price, and the minimum price at the lowest price.