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(영문) 서울고등법원 2017.10.27 2016누56587
과징금부과처분 등 취소 청구의 소
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

A. The chief executive officer of the eight companies, such as R 20, 21, R Ma 22, Q 23, Q 17, R Ma 24 (or R 24, 25) bids through prior meetings, etc., shall be determined as indicated in the following Table 6 for the four tenders, including R Ma20, 21, R Ma 22, Q 23, Q 17, R Ma 24 (or Ma 24, 25).

However, the R Ma24 (or Ma24, 25) tender was not implemented as agreed because it did not place an order.

Examining the contents agreed by 8 companies, including the Plaintiff, etc. at the time of the 2007 agreement, R 20, 21 bidding F, H R 22, 23 bidding, J Q Q 17 bidding, K, D R 24 (or Me 24, 25) bidding and M, the agreement between 8 companies, including the Plaintiff, etc. at the time of the 2005 to 2006 agreement is the same as indicated in the following Table 7.

On the other hand, eight companies, including the Plaintiff, etc., who participated in the agreement in 2005 through 2006 and the order of orders in 2007 as agreed in 2005 through 2007, were aware that the order of comparison was 1 F2H 3, 2007 agreed in 205 through 2007, 4 J. 5 J. 6D 8C* : 4, 5 J. : the order of orders was divided; 4) prior to the agreement in 2009, eight companies, including the Plaintiff, etc., who were participating in the agreement in 207, were ordered to participate in S production base construction works through the plan of ordering construction works. Accordingly, discussions on the bid price of the Plaintiff, etc., including the Plaintiff, etc., and the Minister of Strategy and Finance, on October 2009 or Nov. 24, 2007, were not scheduled to participate in the tender at issue, thereby reflecting the new bidding plan of the Plaintiff, etc.

The name of a tender for the contents of eight prior agreement in 2009 shall be the name of a tender.

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