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(영문) 서울고등법원 2016.07.13 2014누64546
과징금부과처분등취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts recognized;

A. The Plaintiff, etc.’s status as the Plaintiff, etc., Daewoo Construction (hereinafter “Treatment Construction,” and the name of another company is omitted in terms of convenience, and the indication of “stock company” is also omitted), Samsung C&T construction, KS construction, SS construction, zS construction, large forest industry, modern construction (hereinafter collectively referred to as “7 large construction companies”), joint-scale globalization, lotetization, wre construction, Hanjin Heavy Industries, C&C construction, joint-stocking construction, construction, joint-use construction, wreging construction, Gyeongnam-si, Namnam-si, Namnam-do, Samsung Heavy-do, Samsung Heavy-do, Samsung Heavy Industries, Handong-do, Samsung Heavy Industries, Handong-do Construction, Handong-si Construction, 28 construction companies, and Han New Public Construction, including seven large construction companies, are companies engaging in construction business as stipulated in Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. A summary of construction work for the high-speed high-speed rail 1) The construction work for the high-speed high-speed rail 1) is a construction work for the high-speed rail 184.534m high-speed rail 184m in total length which is linked to the high-speed rail 184.534m in length. This is, along with the high-speed rail 1, a large-scale border 3,52.9 billion won project cost was invested for the construction work for the high-speed high-speed rail 19 construction work for the high-speed high-speed rail 2).

Of them, ① Section 1-1 and Section 3-2 are design and package deal projects; ② Section 1-2, Section 1-4, Section 2-3, and Section 4-2 are design and package deal projects; ② Section 1-2, Section 2-3 and Section 4-2 are alternative projects; ③ the remainder of 13 Section 13 and below.

The bid was conducted by the lowest competitive bid system as a separate design and construction work. The total bid price of the said 19 sections is KRW 3.9,56.4 billion, and the total bid price of the instant 13 sections is approximately KRW 2.4.

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