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(영문) 서울고등법원 2016.05.26 2015누60800
과징금 부과처분 취소 청구의 소
Text

1. Of the instant lawsuit, the Defendant’s penalty surcharge indicated in attached Form 1, which was issued by Resolution No. 2015-310 against the Plaintiff on August 17, 2015.

Reasons

(2) On December 12, 201 of the same year, four companies, including the Plaintiff, etc., participated in the instant bidding by organizing a joint supply and demand organization (hereinafter referred to as “joint supply and demand organization”) as indicated in the following table. On May 4, 201, modern industrial development was determined as a successful bidder, and entered into a contract with the ordering entity for the instant construction project as the contract price (including value-added tax) at KRW 122,916,640,00, total construction period between the ordering entity and the ordering entity on December 14, 2011 and November 1, 2019.

The design evaluation (65 points) bid price (122,916,640.80 58.5393 93.53 122,985,100 94.84.10 34.980 89.080 89.080 89.080 123,145,000 123,145,000 97.92.05 92.05 123,076,36097.92.05 92.05 123,07,076,9497.94.254.94,97.97.97.94.12,94.254,97.94.12,97.

* The Defendant’s disposition of KRW 129,661,00,000 (including value-added tax) for the Defendant’s participation in the instant bidding, and the Plaintiff and four other companies agreed in advance to engage in an unfair collaborative act falling under Article 19(1)8 of the Fair Trade Act (hereinafter “instant collaborative act”), on August 17, 2015, corrective orders against the Plaintiff are as follows: (a) the corrective order is issued under Article 201-310 of the Fair Trade Act on August 17, 2015; and (b) the Plaintiff did not dispute the legality of the corrective order.

In the participation in the bidding of the road construction project, the prisoners were ordered to pay penalty surcharges in attached Form 1 (hereinafter “instant prior disposition”) together with “The Government or a public institution shall not engage in any act unreasonably restricting competition in the bidding of the road construction project ordered by the government or public institution, such as the agreement on the bidding price in advance.”

The defendant is basically liable to impose penalty surcharges.

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