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(영문) 서울행정법원 2021.01.21 2018구합85594
입찰참가자격제한처분취소
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. The process of each disposition in which the purport of the claim is stated (hereinafter “instant disposition”).

A. The Plaintiffs’ status 1) Plaintiff A, B, C’s cooperative (hereinafter “A”), “B cooperative,” and “C cooperative,” respectively, are organizations established for the purpose of promoting the sound development and quality of manufacturing and selling business of ready-mixed in D as its member companies, improving the quality of manufacturing and selling business of ready-mixed, conducting collaborative business, and enhancing mutual benefit among its members. All of them are trade organizations defined in Article 2 subparag. 4 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

Since the Plaintiffs are corporations established pursuant to the Cooperative Act of Small and Medium Enterprises and are engaged in the joint sales business of ready-mixeds, they also constitute business operators under Article 2 subparagraph 1 of the Fair Trade Act.

2) According to the plaintiffs' articles of incorporation, the plaintiffs have a general meeting consisting of the persons engaged in the business of ready-mixed type in their respective business areas, and the president, directors, managing directors, or managing directors, etc., and the board of directors consisting of the directors, managing directors, managing directors, or managing directors, etc., shall take charge of their business execution. ② The members of the plaintiffs shall have at least 37 units of investment, and the amount of one unit of investment shall be at least 20,000 won, and the number of shares of one member shall not exceed 20% or 30% of the total number of shares, and ③ upon the withdrawal of one member, the plaintiffs shall be refunded the total amount of shares of the union members, and the members who withdraw from the union in the absence of full repayment of their obligations with the assets of the union shall bear the amount of loss within the limit of their investment amount. ④ The plaintiffs shall also have the joint business such as production and sale, and the development, management and operation of industrial funds, management technology and quality control guidance for the businesses

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