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(영문) 서울고등법원 2014.12.19 2014누46234
과징금부과처분 등 취소 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

The defendant of the claim on February 25, 2014.

Reasons

1. Details of the disposition;

A. The status of the Plaintiff et al. falls under the Plaintiff and Hyundai Industrial Development Co., Ltd., ZS Construction Co., Ltd., KS Construction Co., Ltd., Posco Construction Co., Ltd., Samsung C&T Co., Ltd., Samsungyang Construction Co., Ltd., Ltd., Hanyang Global Co., Ltd., Koyang Global Construction Co., Ltd., Kukdong Construction Co., Ltd., Shindong Construction Co., Ltd., Shinhdong Construction Co., Ltd., Sindong Construction Co., Ltd., Ltd., Goshee Construction Co., Ltd., Dondong Development Co., Ltd., Korea Development Co., Ltd., Ltd., Korea Development Co., Ltd., Ltd., Korea Development Co., Ltd., Ltd., Ltd., promotion company Co., Ltd., Ltd., and Isty Co., Ltd. (hereinafter “Plaintiff, etc.”) under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (amended by Act No. 11119, Nov. 2, 2011>

(hereinafter “stock company”). (b)

The construction work for the Incheon Urban Railroad 2 Line Construction Work, Incheon Urban Railroad 2 (hereinafter referred to as the “instant construction work”), which is divided into 201 to 216 sections, was conducted in the form of a package deal contract (Turn-Ky) design and construction work method in the manner that the package work executor is responsible for both design and construction work, and the ordering person concludes a contract with a single contractor, and the constructor provides all services, such as financing, purchase of land, design and construction work, and operation, to the ordering person (However, 206 sections were reflected in the original tender, and bid at a price lower than the original tender). The tender was conducted in the form of a package deal contract.

Bids for the determination of a person qualified for working plans shall be ① Deliberation and determination of methods of tender, ② tender announcement, ③ participation in bidding.

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