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(영문) 서울고등법원 2017.11.02 2015누65553
과징금납부명령취소
Text

1. The Defendant’s order to pay penalty surcharges as stated in attached Form 1(2), which was issued by Resolution No. 2015-350 on October 7, 2015, against the Plaintiff.

Reasons

1. Fact-finding [founded grounds for recognition] without dispute, Gap evidence 1 through 5, 9, 14 through 18, 20 evidence, Eul evidence 1 through 11, the large forest industry corporation of this court, the Korea Rail Network Authority's fact-finding results in each fact-finding with respect to the Korea Rail Network Authority, the purport of all pleadings;

A. The Plaintiff et al.’s status 1) omitted from the name of the Plaintiff, Daelim Industry Co., Ltd., Hyundai Industrial Development Co., Ltd., and Hyundai Construction Co., Ltd. (hereinafter “Co., Ltd.”), and the Plaintiff et al.’s combination of them is

) The Monopoly Regulation and Fair Trade Act (hereinafter referred to as the “Fair Trade Act”) is applicable to all companies engaging in construction business.

2, 2, 36, 36, 41, 2, 36, 41, 2, 2, 36, 36, 47, 20, 47, 47, 20, 474, 20, 47, 36, 47, 47, 205, 47, 20, 47, 206, 47, 257, 47, 206, 47, 257, 47, 206, 364, 47, 257, 197, 206, 47, 206, 375, 206, 375, 206, 375, 197, 206, 375, 196, 197, 194, 207

B. The construction work of the west Sheet 5 Section Section 5 Section 5 Section 5 Section 1 of the Western Line was carried out by dividing the total project cost into ten construction sections, which connects 89.2 km from the west Hong to the Gyeonggi mountain, with total project cost of KRW 3.828 billion. On May 4, 2011, the Korea Rail Network Authority, the ordering authority, takes part in the construction work of the Sheet 5 Section 5 Section 5 Section (hereinafter referred to as the “instant construction work”).

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