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(영문) 서울고등법원 2018.06.12 2017누50340
부정당업자 제재처분 취소청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The Defendant against the Plaintiff on September 1, 2016.

Reasons

1. 【Evidence of Disposition】 Evidence Nos. 1 through 3, and description of evidence No. 3, and the purport of the whole pleadings;

A. The Plaintiff is a corporation established around December 1984 and engaged in the production, sale, etc. of high-Robbery concrete files (PHC files).

B. A cooperative (hereinafter referred to as the “cooperative”) is a non-profit corporation established by domestic small and medium enterprises producing PHC files that reinforce the powder base around February 1990, as a sewage pipe, which mainly aims at developing the concrete industry and promoting the welfare of its members. 17 companies nationwide small and medium enterprises, including the Plaintiff, D Co., Ltd., E, E, E, F, G Co., Ltd., Ltd., HF, G Co., Ltd., L Co., Ltd., Ltd., I, KJ, K Co., Ltd., Ltd., Ltd., NA, P, Q, R, R Co., Ltd., Ltd., Ltd., Ltd. (hereinafter referred to as “instant member companies”), and the individual companies are specified in the name of a corporation, other than “stock company” and “limited company.”

) All members of the instant association are members of the instant association.

C. On July 1, 2016, B of the Plaintiff’s representative director, in collusion with the executive officers of the instant union, the representative director, or a person in charge of bidding affairs of the instant member companies, etc., the Plaintiff’s representative director B entered into a contract in the first limited competition method by preventing the instant association and member companies from being selected as a successful bidder in advance with respect to the government-funded T& bidding cases from April 17, 2012 to May 24, 2016.

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