1. The plaintiff's claim is dismissed.

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

1. Facts recognized;

A. The status of the Plaintiff, etc., the Poco Construction (hereinafter “Poco Construction,” and in all the names of all the companies, the entry of the “stock company” is omitted), bS construction, treatment construction, modern construction, Samsung Product Industry, Large Forest Industry, and KS Construction (hereinafter collectively referred to as “the overall name”) is an entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”), among those companies engaging in the construction business.

B. The 3 Daegu Urban Railroad 1st project outlined as the Daegu Urban Railroad 3th project outlined, the Daegu Urban Railroad Headquarters (hereinafter “instant order center”)

) A project promoted and ordered to resolve traffic problems arising from a large-scale housing site development project, to build an urban railroad system connected with existing subway 1 and 2, to promote balanced regional development in accordance with the promotion of regional development, is a large-scale project with 30 stops on the route of 23.95 km in total length. On December 15, 2008, the Public Procurement Service requested the instant ordering agency to conclude a contract for the construction of the Daegu Urban Railroad 3 Line on December 15, 2008 by dividing the construction of the Daegu Urban Railroad 3 Line from 1 to 8 sections from 8 sections (hereinafter referred to as the “instant construction”), and, when referring to the tendering procedure, hereinafter referred to as the “instant tender”).

(2) The instant tender was conducted through a tendering procedure that allows alternatives according to the bidder’s intent along with the original tender, as stipulated in Chapter VI, Articles 78 and 79 of the Enforcement Decree of the Act on Contracts to Which the State is a Party.

The term "alternative design" means a design that reflects a new technology, the reduction of construction period, etc. having the function and effect equal to or higher than the original design without changing the basic policy with regard to the basic design or the working design proposed by the ordering agency, and the price of the original design prepared by the ordering agency