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All appeals are dismissed.
The costs of appeal by the Plaintiff are assessed against the Defendants.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The Plaintiff’s ground of appeal Nos. 1 and 2, 1, and 2, and 2, and 3 as to the grounds of appeal by Defendant A Co., Ltd. as to the illegal bid collusion, refers to the difference between the successful bid price formed by the collusion and the price formed in the event there was no collusion (hereinafter “provisional competition price”). The virtual competition price shall be calculated by the method of excluding only the increase in the price caused by the collusion while maintaining other factors for price formation in the pertinent market where the collusion was committed as it was in place.
This is a virtual price that is not a price actually existing, and it is inevitable to estimate by adopting the most objective and reasonable method in light of the type of collusion, market situation, and the scope of data that can be collected in the relevant case among various economic analysis methods.
On the other hand, if there are several different appraisal results with respect to the same matter, the method of appraisal is contrary to logical and empirical rules or unreasonable. Thus, the adoption of one appraisal result is, in principle, within the discretionary power of the fact-finding court.
(2) The Defendants, a joint tortfeasor, were liable for compensating the Plaintiff for the damages incurred by the Plaintiff in each construction section of this case on the ground that the Defendants, a joint tortfeasor, did not select an effective successful bidder, or did not select an excessive successful bidder at an excessive amount, due to the division of the construction section of this case and the unfair collaborative act in the bidding. On the ground stated in its reasoning, the lower court recognized that the Defendants, a joint tortfeasor, were liable for compensating the Plaintiff for the damages incurred by the Plaintiff in each construction section of this case.
Then, the amount of damages shall be calculated.