1. The plaintiff's claim is dismissed.

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

1. Facts recognized;

A. The Plaintiff, etc. and Daelim Industrial Co., Ltd. (hereinafter referred to as “Co., Ltd.” in the case of convenience companies”), sco construction, modern construction and modern industrial development (hereinafter collectively referred to as “five construction companies such as the Plaintiff, etc.”) are corporations with construction and engineering work, etc. as business purposes, and are business operators under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. (1) The bidding method of a domestic public construction project is largely divided into ① a separate bid for design and construction, ② a package tender for design and construction, ③ an alternative tender.

Among them, the alternative tender refers to a bidding method in which the third alternative is allowed according to the bidder's will, along with the original tender.

In other words, among the types of work on the execution design prepared by the ordering agency, the alternative type of work is allowed to be performed in a way that does not exceed the construction period, by reflecting new construction methods, new technology, reduction of construction period, etc., which have the function and effect equal to or higher than the original design without changing the basic policy.

(2) Bidding procedures for alternative tendering and methods of determining successful bidders are as follows:

[Procedure for Tender for Tender for Tender for Tender for Tender for Tender for Tender for Tender for Tender for Tender]

C. The construction of the outer facilities (1) of the construction of the outer facilities (2-1) at the port of port only in the territorial sea (hereinafter “instant construction”) is a large-scale national book project with a total project cost of at least KRW 280.9 billion, as the construction of the outer facilities (2-1) at the port of port only in the territorial sea of port.

The bid for the instant construction project was publicly announced on September 2, 2009 and conducted through alternative bidding, and the project operator who grants 40% weight to the price score and 60% weight to the design score to the highest score is determined as the successful bidder.