logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.11.13 2019누40811
시정명령등취소
Text

1. The Defendant’s order to pay penalty surcharges stated in the attached Table to the Plaintiffs on March 14, 2019 is revoked.

2. The plaintiffs.

Reasons

1. During the disposition, Plaintiff A Cooperatives (hereinafter “Plaintiff A Cooperatives”), Plaintiff B Cooperatives (hereinafter “Plaintiff B Cooperatives”), and C Cooperatives (hereinafter “C Cooperatives”) are corporations incorporated under the Small and Medium Enterprise Cooperatives Act, consisting of the Daejeon Metropolitan City (hereinafter “ Daejeon”), Sejong Special Self-Governing City (hereinafter “Seoul”) region, and the Jeju Special Self-Governing City (hereinafter “Seoul Special Self-Governing City”) region, and the D companies located in Chungcheongnam-do region.

On June 24, 2015, E publicly announced the 2015 “Annual Unit Price Contracts (Saecheon, astronomical Zone, and Western Zone) Tender,” May 2016 “The annual Unit Price Contracts (Saegi, Daejeon, astronomical Zone, and Western Zone) Tender” (hereinafter collectively referred to as “instant Tender”) tender, respectively, in 2015 and 2016.

On March 14, 2019, the Defendant issued each order listed in the separate sheet (hereinafter referred to as “instant disposition”) on the grounds that the Plaintiffs agreed to the plenary session F with each of the following agreements (hereinafter referred to as “instant collaborative act”); among them, the instant corrective order, “instant corrective order,” and “instant penalty surcharge payment order,” respectively.

Plaintiff

At the time of participating in the 2015 D Annual Unit Price Contract (SP) tender and 2016 D Annual Unit Price Contract (SP) tender, A and C have agreed on the allocation of successful bid price according to prior agreement on the ratio of the number to be invested in comparison with the tender price.

Plaintiff

A and Plaintiff B agreed in advance on the ratio of the amount to be invested in comparison with the bid price or the tender price of “Annual Unit Price Contract (Tancheon Zone, Western Zone)” in 2015 and “Annual Unit Price Contract (Tancheon Zone, Western Zone) in 2016.”

Accordingly, the Plaintiffs violated Article 19(1)8 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

[Grounds for recognition] There is no dispute, Gap evidence No. 1.

arrow