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(영문) 서울고등법원 2017.06.15 2016누78242
시정명령및과징금납부명령취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The defendant of the claim was dated August 22, 2016.

Reasons

1. Facts that there is no dispute over the details of disposition (based on recognition), Gap evidence 1, 14, Eul evidence 8 through 13, and the purport of the whole pleadings;

A. The Plaintiff and the Plaintiff Company B (hereinafter “B”) are business operators engaged in C business, as prescribed by Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

The general status of the plaintiff and B shall be as follows:

20 B 9,513 600 280 226 226 △△78 △△△264 △△△△98 (as of the end of 2015, unit: KRW 00,000) 8 (as of the end of 2015, unit: KRW 200,000)

B. D Project 1) Project Outline D Project (hereinafter “instant project”)

(2) The bid method was a joint contract method with at least four joint contractors who are registered with the Ministry of Trade, Industry and Energy as a specialized subcontractor in the field of D business, and participated in the construction of at least four joint contractors, which is a limited competitive bidding in which only the persons registered with the Ministry of Trade, Industry and Energy can participate.

The selection of a successful bidder shall be conducted both the technology evaluation (80%) and the price evaluation (20%). A person who has received at least 68 points in the technology evaluation from the proposal shall be selected as a negotiating person, and a person who has the highest score in addition to the technology evaluation and price evaluation points from among the negotiating persons shall be selected as a priority negotiation person, and the contract has been concluded by negotiating from the priority negotiation object in turn.

3) On December 24, 2012, the current status of the bid progress and the result of the bid, the first bidding conducted on December 24, 2012, participated independently by the joint contractors and participated in the bidding. The bidding conducted twice as published on February 14, 2013 (hereinafter “instant bidding”).

The results of bidding by the joint contractors and the joint contractors shall be as follows:

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