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(영문) 서울고등법원 2016.06.29 2014누43020
시정명령및과징금납부명령취소
Text

1. The Defendant’s corrective order stated in the attached Form No. 2014-005, which was issued by the plenary session resolution on January 8, 2014, to the Plaintiff.

Reasons

(a) agreed and continued to implement this;

2) The details of calculation of the penalty surcharge imposed by the Defendant on the Plaintiff are as follows: A) The sales amount related to the penalty surcharge shall be based on the bid price agreed by the Plaintiff to receive a successful bid or to distribute profits (excluding value-added tax), but value-added tax shall be excluded.

If a successful bidder is awarded a contract independently by the sequence system, the contract amount shall be calculated as related sales only for the successful bidder, and in the case of an enterprise whose profit is to be allocated in accordance with the common net order or profit distribution system, the contract amount in question shall be calculated as related sales of the successful bidder and the enterprise whose profit is to be allocated, since it falls under the person who actually and jointly with the successful bidder, and

If a successful bidder (joint No. 1,200m. 71,200m. 710,000 on Oct. 6, 2005) is awarded a successful bidder (joint No. 310,000 on Oct. 6, 2005) who is awarded a successful bidder (joint No. 1,200m. 71,200m in order) for the production of demand for housing site of the Korea Rural Community & Agricultural Corporation 2, which is 1,200m. 5m. 781,00,000 on Jul. 26, 2007 (joint No. 1, 2007) is a successful bidder (joint net No. 1,491,00,000 in order) who is jointly awarded a bid by the plaintiff and is subject to the distribution of profits, the amount of the plaintiff's related sales calculated pursuant to the above shall be the sum of the contract amount indicated below 1,100,10000 won in the following table:

B) Standard rate of imposition: There is no matter pertaining to the first adjustment due to the 7% (e) action element. (d) 30% of the first adjustment penalty surcharge shall be reduced, taking into account the cooperation in the second adjustment investigation by the action element. (e) The decision of imposing penalty surcharge: 58,000,000 won is made by the joint net order and profit allocation method, the arbitr may be evaluated as being jointly awarded a successful bid, and at this time, the agreement shall be reached.

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