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(영문) 수원지방법원안양지원 2020.02.14 2015가합102557
손해배상(기)
Text

1. The Defendant’s KRW 1,334,630,425 among the Plaintiff and KRW 555,660,463 among the Plaintiff, shall be KRW 78,969,962 from December 28, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a public corporation that acquires and develops land, maintains and maintains a city, constructs and supplies housing, etc. The Defendant and B Co., Ltd. (hereinafter “B”) are companies engaged in each construction business, as prescribed by Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. 1) The Plaintiff’s bidding outline of the construction project (hereinafter “instant construction project”)

(2) The construction of this case was ordered by competitive bidding. (2) The construction of this case is a package of design and construction works, and the bid procedures were considerably conducted in the order of tender announcement by the ordering agency, prior examination, site site meetings, bidding closing, design deliberation, price review, successful bidder selection and contract execution. The detailed schedule is as follows.

Section B at the next day of May 4, 201, a tender announcement was made on May 25, 201, and on May 26, 201, the request for preliminary review on May 25, 201, which was made on May 26, 201, on June 7, 201, the site site consultation meeting on June 9, 201, which was made on August 11, 201, on which the successful bidder was determined on September 15, 201.

Defendant and B’s bid collusion 1) The Defendant, while preparing for participation in the instant construction project, made a public announcement of the instant construction project on May 4, 201, on May 4, 201, filed an application for prior examination by organizing a consortium with D, E, and F, Inc. (hereinafter “stock company”) but no applicant other than the Defendant did so.

B) The Plaintiff re-publically announced the instant construction project on May 26, 201, and the Defendant G of G of G of the regular business of the Plaintiff and H agreed that B shall participate in the instant construction project with only the head of B around May 201, or that B shall be awarded a successful bid in the instant construction project. C) H shall be a small-scale design service company in the formal participation of the instant construction project, i.e., the head of Sknman B’s Department on June 201, or in the formal participation of the instant construction project.

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