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(영문) 서울고등법원 2016.07.08 2015누41151
시정명령등취소
Text

The defendant's order to pay the penalty surcharge stated in attached Form 1 to the plaintiff (attached Form 1) as the decision of April 1, 2015 is revoked.

Reasons

1. Facts that there is no dispute over the details of the disposition (based on recognition), Gap 1, 2, 5-8 (including provisional numbers), and the purport of the whole pleadings;

A. In the name of the Plaintiff, etc., the term “stock company” is omitted, and three companies including the Plaintiff, etc., including the Plaintiff, etc., are business entities engaging in construction business, and the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) is prescribed by Article 2(1) of the Monopoly Regulation and Fair Trade Act.

B. The construction works for the construction works for the Bonsan Multipurpose Dam (hereinafter “the instant construction works”) are construction works for the construction of the construction works for the construction works for the Boan Multipurpose Dam (hereinafter “the instant construction works”) in a stable manner to cope with the potential water shortage in the Geum River basin (Yancheon-si, Gyeongcheon-si, Gyeongcheon-si) and to reduce flood damage in the Geum River area where floods frequently occur.

B) On February 1, 2010, the Korea Water Resources Corporation, the agency awarding the instant construction order. The outline of the construction order is as follows: 57m high of the major dam for the Korea Water Resources Corporation, 245m high of dam length, 22.04m high water supply capacity, 165,291,00,000 won (including design cost and value-added tax) tender price for the instant construction order is 165,291,00,000 won (including design cost and value-added tax) from the date of commencement of construction work for the construction site at the construction site at the construction site at 1,610m high of the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the 1,610m high of the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the time. The highest of the construction cost and construction work at the construction site at the construction site at the construction site.

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