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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The defendant's intent of the claim is decided on August 17, 2015.
Reasons
.In light of the foregoing, the bid price was agreed not to exceed 95 per cent of the estimated price in order to avoid the price competition in the instant tender.
2) On March 17, 2011, the bidding rate for the Plaintiff et al. was 94.92%, 94.80%, 94.80%, 94.85%, 94.97%, and 94.97%, respectively. 3) On March 17, 2011, 4 companies including the Plaintiff et al. were reflected according to the bidding rate agreed by four companies, including the Plaintiff et al., and as a result, the development of modern industry was finally determined as the person eligible for design as follows.
The design evaluation (65 points) bid price (122,916,640.80 58.5393 122,985,104.854.10 34.84.980 89.80 89.080 89.80 89.080 89.080 89.03,145,000 92.05 92.05 92.05 123,076, 3609997.12.05 92.05 92.05 92.05 92.05 123,076, 3609,97. 94.254.94 94.201,60,000,000 won (including estimated value-added tax)
D. Defendant’s disposition 1) The Defendant, the Plaintiff and four other companies agreed in advance on the bid rate while participating in the instant bidding, thereby engaging in an unfair collaborative act falling under Article 19(1)8 of the Fair Trade Act (hereinafter “instant collaborative act”).
(2) On August 17, 2015, the Plaintiff issued a corrective order and penalty surcharge payment order as indicated in the separate sheet (hereinafter “instant penalty surcharge payment order”) by a resolution No. 2015-310 against the Plaintiff on August 17, 2015.
(2) The Defendant issued a notice of imposition of penalty surcharges (amended by Defendant Notice No. 2010-9, Oct. 20, 2010; hereinafter “Public Notice of Penalty Surcharges”) under Articles 22 and 55-3 of the Fair Trade Act, Article 61(1) and [Attachment 2] of the Enforcement Decree of the Fair Trade Act, and the former Public Notice of the Detailed Criteria, etc. for Imposition of Penalty Surcharges (amended by Defendant Notice No. 2010, Oct. 20, 2010; hereinafter “Public Notice of Penalty Surcharges”). However, in consideration of equity with other cases