손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons why the court of the first instance as to this case are stated in this case are as follows: (a) according to the Plaintiff’s reduction of the Plaintiff’s claim in this court, attached Form 2 of the judgment of the first instance is replaced by “damage Details List” in this case; (b) the part of “Attachment 931,841,219” in attached Table 2 and 3 of the judgment of the first instance as “3,204,761 won” in attached Table 2 and 3 of the judgment of the court of first instance as “383,204,761 won”; and (c) except for the addition of Paragraph (2) below to the judgment on the grounds of appeal that the Plaintiff newly delivered to the court, it is identical to the reasoning of the judgment of the first instance; and (d)
2. Determination on the grounds for appeal
A. Article 33(2) of the Enforcement Decree of the Act on Contracts to Which the former Local Government Is a Party (amended by Presidential Decree No. 27491, Sep. 13, 2016; hereinafter “former Enforcement Decree of the Local Contracts Act”) provides that the public announcement of this case is invalid because it exceeds the scope of delegation under Article 10(2) of the Local Contracts Act, and the revocation of the public announcement of this case by the Defendant is also null and void. Accordingly, the Defendant is obliged to pay the Plaintiff damages equivalent to the expenses incurred by the Plaintiff for the operation of the futures business in the instant playground and its delay damages. 2) First of all, the Defendant is obligated to pay the Plaintiff a specific review. Article 10(2) of the Local Contracts Act provides that the method, content, and timing of the public announcement of tender or the announcement of tender and other necessary matters may be prescribed by Presidential Decree.
Accordingly, Article 33 (2) of the former Enforcement Decree of the Local Contract Act intends to change the details of business, estimated price, qualification for participation in bidding, conditions of bidding and contract after the public announcement of tender is made, the public announcement shall be made again after the original public announcement of tender is revoked, and the relevant statutes are erroneous.