Whether the agreement is effective to the successful bidder who did not participate in the agreement if the successful bidder newly selects the successful bidder as a tool for the end of the existing system and the rest of the members agreed that the successful bidder will resume the same system as the existing system, in case where the successful bidder was found to know the whereabouts of the successful bidder in the successful bidder; and

In the case of a successful bidder, the legal relationship between the fraternity and each fraternity exists individually. However, since the actual contents of the settlement are to fairly compensate the damages suffered by a person who has not been awarded a successful tender from the profits acquired by the successful bidder due to the strike of the fraternity, if all the successful bidder who has not been awarded a successful bid agree to resume the system with the content of the previous system after the successful bidder was missing, if all the successful bidder who has not won a successful bid again agreed to resume the system with the same contents as the previous system, the successful bidder is not at any disadvantage due to the new process of the contract, and therefore, regardless of whether he participated in the agreement, the successful bidder is liable to pay the amount of the advance tender according to the agreement.

Articles 598 and 703 of the Civil Act

【Court Decision 67Da1052 decided July 18, 1967 (Article 703, Article 493, Article 15, Section 218, Section 8519 of the Civil Act) decided June 22, 1982, (Gong690, No. 8666) decided September 28, 1982, and Article 82Da286 decided September 28, 1982 (No. 303No106, No. 69311)

Plaintiff 1 and two others

Defendant

Seoul District Court Southern Branch Court (83 Ghana3469)

1. Revocation of the original judgment;

2. The defendant shall pay 2,700,000 won to the plaintiff (appointed parties).

3. The costs of the lawsuit shall be borne by the defendant in both the first and second instances.

4. Paragraph 2 can be provisionally executed.

In full view of the purport of the testimony and arguments of the non-party 1 and the non-party 2, the court below's decision that the non-party 1 and the non-party 1 were to be paid in 00 won each day after excluding the above non-party 2's testimony, and that the non-party 1 and the defendants were to be paid in 30,00 won each day after excluding the non-party 2's initial payment for the non-party 1 and the non-party 2's initial payment for the non-party 1 and the non-party 2's initial payment for the non-party 1 and the non-party 3's remaining payment for the non-party 1 and the non-party 2 were to be paid in 00 won each day after excluding the non-party 2's initial payment for the non-party 1 and the non-party 3's remaining payment for the non-party 1 and the non-party 2 were to be paid in 00 won each day.

In general, as shown in the instant case, in the case of the successful bidder's bid agreement to pay a certain amount each time, and after entering the successful bidder's bid amount at each time of the time limit, it is deemed that there exists a legal relationship between the parties and each member, respectively. However, the actual contents of the settlement are to fairly compensate the damages suffered by the person who has already been awarded the successful tender due to the failure to receive the successful tender from the profits that have already been acquired by the successful bidder, so it is evident that only some of the members including the parties, were missing while the successful bidder was awarded the successful bid, and that only some of the members including the parties were removed from the time of the successful bid, and then, the plaintiffs and the designated parties, who were the successful bidder of the same fraternity, were newly selected by the successful bidder and the remaining members of the successful tender agreement, regardless of the previous amount of the successful tender, are to receive the remainder of the successful bidder's new damages, and thus, it is clear that the defendant had already been paid the successful bidder's new damages.

Ultimately, the defendant is obliged to pay the plaintiffs who are joint rights holders and the remaining designated parties a sum of KRW 2,700,000,000,000, which the defendant delayed payment. Thus, the plaintiffs' claims seeking such payment should be accepted with reasonable grounds. Since the original judgment is unfair on the grounds that it is unfair, the original judgment is revoked, and the costs of lawsuit shall be borne by the defendant who lost both the first and second instances, and a provisional execution declaration shall be attached. It is so decided as per Disposition.

Judges Oral Scam (Presiding Judge)