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(영문) 서울고등법원 2016.01.21 2015누45184
과징금납부명령취소
Text

1. Of the instant lawsuit, the part of the Defendant’s claim for revocation of the disposition indicated in the attached Form 2, No. 2015-013, May 6, 2015.

Reasons

Basic Facts

The status of six companies, including the Plaintiff, etc., as well as the Plaintiff, etc., are the Plaintiff and six companies engaged in the construction business, including the Han River Construction Industry Co., Ltd., Han River Co., Ltd., Han River Co., Ltd., Hanjin Heavy Industries, and Hanjin Construction Co., Ltd. (hereinafter referred to as “the Plaintiff, etc.,” and omitted from each trade name) and are the business operators as prescribed by Article 2 subparagraph 1 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 10166, Mar. 22, 2010; hereinafter “Fair Trade Act”).

Construction works of the Saemangeum Flood Control Zone 5 Sections in the bid of the Saemangeum Flood Control Zone 5 Sections: The construction works shall be the construction works (hereinafter referred to as the "construction works in this case") of waterproof 9,016 meters in the Gunsan-si, Kim Jong-si, and Seoan-gun, and three bridges and two drainage systems, etc., each of the construction companies shall submit the documents to participate in bidding on January 11, 2010, and tender was conducted on April 6, 2010, according to the public announcement of tender by the Korea Rural Community Corporation, which is the project owner, on December 28, 2009.

(hereinafter “the instant bid”). The instant bid was conducted by means of design and construction tender, and the successful bidder was determined with 70% design score and 30% price score of the 70% design score.

Plaintiff

At the same time, six companies were organized as listed below, and participated in the bidding of this case, and Hanra was determined as successful bidder on May 28, 2010, and the same year.

7. 22. The contract amount of the instant construction project between the Korea Rural Community Corporation and the Korea Rural Community Corporation was KRW 74,653,612,00 as to the instant construction project, and the date of completion thereof, as of December 31, 2015.

The representative company's joint venture organization (ratio: %) designer(s) for the plaintiff(s)(s)(40), Gyeongnam(s) for the plaintiff(s)(30), new construction(s)(20), KSC construction(10), KSC construction(s) for the same use(38), 30, mental construction(20), 10, 20, 20, 10, IM General Construction(12), IM General Construction(s) for the Multilateral Construction(12), 20, 10, 15, 15, 15, and 15, respectively.

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