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(영문) 광주고등법원 2016.04.22 2015나13910

부당이득금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant is 6.2% of each of the plaintiffs (appointed parties), the appointed parties A, B, and D.

Reasons

1. Basic facts

A. On August 2010 to October 2010, the Plaintiff (designated parties; hereinafter “Plaintiffs”) and the Appointors (hereinafter “Plaintiffs, etc.”) agreed to the Defendant of the Korea-style Housing Construction Business Co., Ltd. with the amount of construction cost of KRW 80.5 million, and the remainder of the Plaintiff, etc. awarded a contract for the wood structure construction and roof construction of the Korea-style Housing Construction Business.

(hereinafter “each of the instant construction contracts”). B.

The specific article column of each contract at the time of the instant construction contract contains the phrase “including surtax and settlement statement”.

C. Meanwhile, in order to smoothly receive Do-Gun subsidies, the Plaintiff et al. and the Defendant prepared a contract for each construction project with the 130 million won in the case of Do-Gun government subsidies, and with the remaining 120 million won in the case of Do-Gun government subsidies, and submitted it to Do-gun with the Do-Gun government subsidies as follows: < Amended by Presidential Decree No. 12350, Jan. 123, 199; Presidential Decree No. 21920, Feb. 123, 199; Presidential Decree No. 20192, Feb. 19, 2000; Presidential Decree No. 2019333, Mar. 13, 2003; Presidential Decree No. 200824, Apr. 23, 2008; Presidential Decree No. 200657, Feb. 24, 2008; Presidential Decree No. 220097, Feb. 20, 2000

The appointed parties paid all the construction costs stipulated in each of the instant construction contracts to the Defendant, and the Plaintiff paid KRW 40 million out of the instant construction costs, and the remainder of the construction costs filed by G who acquired the claim for the construction payment from the Defendant (Seoul District Court Decision 2014Da1233, Gwangju District Court Decision 2014DaGa1233) was finalized to the effect that “the Plaintiff shall pay KRW 44 million to G.”

E. The designated person A, B, and C’s hanok area constructed according to each of the instant construction contracts is 9 square meters, and the Plaintiff and the designated person D’s hanok area is 67.2 square meters and 36.72 square meters in each of the above subparagraphs.