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(영문) 서울고등법원 2016.04.20 2015누32133
시정명령등취소
Text

1. The plaintiff's claim is dismissed.

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

The defendant's claim on December 12, 2014.

Reasons

1. Facts recognized;

A. The status of the Plaintiff, etc., and E.S. Construction Co., Ltd. (hereinafter in the case of a corporation, the indication of the corporation is omitted), the large forest industry, modern construction and modern industrial development (hereinafter collectively referred to as “five construction companies including the Plaintiff, etc.”), are companies engaged in building and engineering work, etc., and are business entities prescribed by Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (amended by Act No. 10166, Mar. 22, 2010; hereinafter “Fair Trade Act”).

B. A summary of a domestic public construction project tender) is largely divided into ① a separate tender for design and construction, ② a comprehensive tender for design and construction, and ③ an alternative tender. Among them, the alternative tender refers to a bidding method in which third alternatives are allowed according to the intent of bidders along with the original tender. In other words, among the types of construction work on the execution design prepared by the ordering agency, a tender is allowed to perform the alternative construction work by a method that does not exceed the construction period, even if it is lower than the price on the execution plan of the ordering agency by reflecting the reduction of new construction methods, new technology, and air with the function and effect equal to or higher than the original tender without changing the basic policy without changing the basic policy. 2) The procedures for an alternative tender and the methods for determining

(1) The method of adjusting the score of a successful bidder and the method of determining a successful bidder. (2) The method of adjusting the price of a successful bidder (the method of determining a successful bidder in a alternative tender) the method of determining a successful bidder and the method of determining a successful bidder and the minimum price of a successful bidder are divided into design score.

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