2013Du3689 Corrective Order and Demanding revocation of penalty surcharge payment order

NAETEX Inc.

Fair Trade Commission

Seoul High Court Decision 2010Nu23974 Decided January 16, 2013

June 28, 2013

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the records, the court below is just in rejecting the plaintiff's claim of this case on the ground that the plaintiff agreed to participate in the bidding by the main road traffic management system installation project between the plaintiff and ELS Co., Ltd. (hereinafter referred to as "ELS") for the bid price to ELS without a bid, and accordingly, the plaintiff formally participated in the bidding by using design documents, etc. of ELS, and there is no error in the misapprehension of legal principles as to the violation of the principle of free evaluation of evidence, the lack of reasons, the contradiction of reasons, the document interpretation, the burden of proof, or the burden of proof, as alleged in the grounds of appeal.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Min Il-young

Justices Lee In-bok

Chief Justice Kim Shin