부당이득반환 청구의 소
1. The judgment of the first instance, including the claims added at the trial, shall be modified as follows:
The defendant.
Basic Facts
The reasoning for this part of this court is as follows: “Plaintiffs” in Section 11-12 of the first instance judgment, “Plaintiffs and the designated parties” in Section 17, “Plaintiffs and the designated parties” in Section 18, “Plaintiffs and the designated parties” in Section 18, “Plaintiffs and the designated parties” in Section 3, “Plaintiffs and the designated parties” in Section 1 of the first instance judgment, and “Plaintiffs and the designated parties” in the first instance judgment are the same as the reasons for the first instance judgment, except for the use of the first instance judgment as “Plaintiffs and the designated parties,” respectively, and therefore, they are cited in accordance with the main sentence of
The summary of the Plaintiff’s claim on the cause of claim is that the Defendant is obligated to return unjust enrichment, as the Defendant calculated a larger amount than the insurance premium actually paid as indirect cost, claimed the amount of the base payment to the Plaintiff and the Selection and received it unfairly.
As a result of the final settlement of the instant subcontract, the Plaintiff and the designated parties should additionally pay the Defendant KRW 23,616,270 (i.e., direct construction cost of KRW 21,315,498, KRW 1,692,60 in general management cost of KRW 8,041 in general management cost of KRW 556,631 in general management cost of KRW 556,631 in total). On the other hand, the Defendant should return to the Plaintiff and the designated parties KRW 318,121,270 in general management cost of KRW 318,121,270 in national health insurance premium of KRW 127,040,720 in national pension premium of KRW 182,718,710 in general management cost of KRW 8
Ultimately, the Defendant is obligated to pay the Plaintiff and the Selections KRW 294,505,00 (i.e., KRW 318,121,270 - KRW 23,616,270) and damages for delay.
Judgment
The fact that the Defendant received indirect costs equivalent to KRW 318,121,270 by falsely claiming and paying them to the Plaintiff and the appointed parties is not a dispute between the parties.
Since the defendant gains a profit equivalent to the above amount without any legal ground and thereby causes damages equivalent to the same amount to the plaintiff and the designated parties, the defendant is obligated to return the unjust enrichment.
Therefore, the defendant's 294,505,00 won and the remaining 23,616,270 won, excluding the plaintiff's deduction from the plaintiff and the selected parties.