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(영문) 광주지방법원 2015.12.24 2015구합11080
입찰참가자격제한처분취소
Text

1. The plaintiff B's lawsuit shall be dismissed.

2. The plaintiff A's claim is dismissed.

3. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

The Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) was incorporated for the purpose of the manufacture, sale, etc. of electric meters, and its original trade name was C Co., Ltd. on September 8, 2010, when acquiring power-based business sector from D, another corporation using the same trade name as that of the Plaintiff Co., Ltd., and changed its trade name to E Co., Ltd. on November 2013.

The defendant is a quasi-government agency under the Act on the Management of Public Institutions established for the purpose of developing electric resources under the Korea Electric Power Corporation Act (hereinafter referred to as the "Public Institutions Operation Act").

On October 23, 2014, the Fair Trade Commission’s resolution is a company that transfers the electric power field to the Plaintiff Company as above, the Plaintiff Company, the LSSP Co., Ltd., the Korea Electric Cable Co., Ltd., the Esteex Co., Ltd., the Esteex Co., Ltd., the Chang Telecommunication Co., Ltd., the company that uses the same trade name as the current trade name of the Plaintiff Company.

In the bidding for the purchase of mechanical electric meters ordered by the defendant from 1993 to 2010, the same fraternity corporation agreed on the successful bid volume and bid price for each enterpriser, and ordered the plaintiff corporation to take corrective measures to prohibit bid collusion and to pay a penalty surcharge of KRW 50 million for the reason that the plaintiff corporation committed an unfair collaborative act under Article 19(1)1 and 3 of the Monopoly Regulation and Fair Trade Act, on the ground that the bidding price and bid price for each enterpriser was ordered by the defendant from 1993 to 2010.

(2) The Fair Trade Commission’s resolution on the Fair Trade Commission’s resolution is indicated as “E” which is the trade name before the change of the Plaintiff Company (hereinafter “Fair Trade Commission’s resolution”). The Fair Trade Commission’s corrective order and imposition of a penalty surcharge shall

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