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(영문) 서울고등법원 2017.09.20 2015누55402
시정명령및과징금납부명령취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Plaintiff

The status B Co., Ltd. (hereinafter referred to as “B”; hereinafter referred to as “stock company”) and C, D, E, F, G, H, J, J, K, L, M (hereinafter referred to as “existing 12 companies”), Plaintiff, N, P (former 12 changed trade names): Q, R, S, T, U, V, and W (hereinafter referred to as “new performance 10 copies”; and “2 companies, including the Plaintiff, etc.” referred to as “the Plaintiff, etc.” under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as the “Fair Trade Act”) are those engaged in construction business.

The Korea Gas Corporation's ordering natural gas main pipelines and the management office's bid documentation for construction works, underground pipelines that supply high-tension natural gas produced from the production base to the supply point for stable gas supply.

A management office is classified into a pressure control office, a blocking control office, and a block valve according to its function and use. A pressure control office plays a role of supplying natural gas that has been transported by high pressure through piping network with reduced pressure and stable supply at a certain pressure required by the demand source; a blocking management office plays a role of blocking gas supply in the event of an emergency or blocking gas flow at the time of major construction works; and a block valve plays a role as a kind of valve designed to promptly cut the pipeline network when an emergency occurs. The Korea Gas Corporation is a supply facility constructed and operated by the Korea Gas Corporation to supply natural gas to large consumers and urban gas companies.

On April 2009, the Korea Gas Corporation ordered the construction of natural gas supply facilities from around the end of 2008 to August 2012, 201 and conducted the construction of major pipes and management office for the total 29 construction sites (17, 2009, 1, 2010, 8, 2012, 3, 201). Of them, 22 companies, including the Plaintiff, etc., agreed in advance about the division of the construction sections, the successful bidder of each construction district, and the bid ratio.

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