(영문) 서울고등법원 2017.01.24 2016나2039086

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(영문) 서울고등법원 2017.01.24 2016나2039086

설계보상비 반환 청구의 소

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1. Of the judgment of the court of first instance, the Plaintiff’s KRW 250,00,000 against the Defendant and its related thereto from August 30, 2010 to May 20, 2016.

Reasons

1. The plaintiff filed a lawsuit by combining the claim for the principal claim and the claim for damages arising from the conjunctive tort against the original defendant, and the court of first instance dismissed the main claim and rendered a judgment that partly accepted the conjunctive claim.

In regard to this, only the defendant appealed the appeal, and the effect of the appeal shall be limited to the whole of this case and all of the main claims and ancillary claims shall be transferred to the appellate court. However, the scope of the appeal court, which is the appellate court, shall be limited to the part against the defendant among the part concerning the conjunctive claims of the first instance court (see, e.g., Supreme Court Decision 94Da31624, Feb. 10, 1995). 2. As to this part of the basic facts on February 1, 199, the corresponding part of the grounds of the judgment of the first instance (from 7 to 4, 100), pursuant to the main sentence of Article 420 of the Civil Procedure Act.

However, some of the following shall be added or added:

The following shall be added to three pages of the first instance judgment:

The tender guide presented by the plaintiff in relation to the tender of this case includes Class I of the tender for the construction project and Class II of the tender for the construction project. Each of the main contents are as follows:

Public notice of tender for construction 15. Other matters

(c)At the time of site descriptions, bidders shall be informed of all matters necessary for the tendering of this construction project, such as bid guide distributed, and respond to the tendering, and all responsibilities which are not familiar with it shall be borne by the bidders.

A person that has not been determined as a successful bidder shall be compensated for part of the design cost under the "compensation for the design cost of the large construction project" in the criteria for the execution of the Government tender and contract.

The bid bond for the construction of the 1st Soyang Tyang Water Quality Restoration Center shall be made with respect to the government's bill of bid for the construction works and the contract to which the State is a party.

참조조문

-민사소송법 제420조

참조판례

-대법원 1995. 2. 10. 선고 94다31624 판결

유사 판례

-서울서부지방법원 2016.03.23 2015가합35805

-서울고등법원 2013.11.08 2012나89995

-대전고등법원 2019.12.05 2019나12754

-대법원 2002. 12. 26. 선고 2002므852 판결

-서울서부지방법원 2019.10.04 2018나2749