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(영문) 서울고등법원 2016.10.07 2015나27189

부당이득금반환

Text

1. The plaintiffs' appeal and the preliminary claims added by the appellate court are all dismissed.

2. After filing an appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except where the court added the following determination as to the assertion that was newly added as one of the conjunctive causes in the appellate court, and thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act.

2. In the case of violation of the "in the case of violation" of Article 7 of the first instance court's "in the case of subscription to social insurance" under Section 17 of the first instance court's decision, the principal contractor of the first instance's "in the case of violation" under Section 21 of the first instance court's decision is "in the case of violation" under Section 7 of the second instance court's decision. The principal contractor of the first instance's "in the case of the first instance court's decision" under Section 10 of the first instance court's decision No. 10 of the first instance court's decision No. 16 of the first instance court's decision No. 10 of the first instance court's decision No. 10 of the first instance court's decision No. 10 of the first instance court's decision No. 17 of the first instance court's "in the case of the second instance court's "in the case of the second instance court's "in the case of the first instance court's decision".

3. The addition;

A. Article 11(1) of the former Fair Transactions in Subcontracting Act (amended by Act No. 7864, Mar. 3, 2006; hereinafter “former Subcontract Act”) provides that “The prime contractor shall not unreasonably reduce the subcontract price determined at the time of the entrustment of manufacture, etc. (hereinafter “unfair reduction”) unless there is any reason attributable to the subcontractor to the subcontractor,” and each subparagraph of paragraph (2) provides that the subcontract price shall not be considered as an act of reduction due to justifiable reasons, among which subparagraph 7 is unreasonably reduced for unreasonable reasons, such as “management person or the reduced sale price.”