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(영문) 서울고등법원 2016.07.08 2014누65907
시정명령등취소
Text

The part of the lawsuit of this case (attached Form 1) seeking the revocation of the penalty surcharge payment order shall be dismissed.

The plaintiff's remainder.

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., joint-use construction companies, and Hyundai Industrial Development Co., Ltd. (hereinafter referred to as “stock company”) are omitted, and the said three construction companies constitute three construction companies under 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) Construction works for Hanam High-speed Railroad Article 4-2 Section 4-2 Section 4-2 Section 1 Section 1) are construction works for the construction of the high-speed rail with the total length of 184.534 km in length, which is a large-scale government project for which the total project cost of KRW 8.352.9 billion is entered.

B) The construction project for the construction project of the Southern High-speed Railroad was ordered by dividing into 19 construction sections. Among them, the construction project of the 1-2 sections, 1-4 sections, 2-3 sections, and 4-2 sections (hereinafter “4-2 sections”) are “the instant construction project.”

A) Alternative tender method is an alternative tender, and an alternative tender is a tender method that allows an alternative according to a bidder’s will along with the original tender. An alternative is a design that reflects a new method of construction and a reduction of construction period, etc., having the equal or higher functions and effects than those on the design prepared by the Government for the work type capable of replacing the work type from among the work types on the execution design prepared by the Government without changing a basic policy, and the price on the relevant execution design is lower than that on the execution design prepared by the Government and the construction period does not exceed that on the execution design prepared by the Government (in the

a design which can be executed by the Corporation.

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