beta
Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a clan comprised of descendants of C, and the Defendant served from January 1, 199 to December 31, 2012 as the Plaintiff’s representative, and was in charge of the custody, management, and enforcement of the Plaintiff’s unconstitutional money.
B. In order to honor the achievements of C, the Plaintiff, from around 2004 to 2012, carried out the establishment of the D Exhibition Hall (hereinafter “instant project”). The contents of the instant project include the construction of a relics exhibition hall to keep and exhibit relics, the construction and installation of ancillary facilities, such as exhibition facilities, and the installation of solar power plants.
Expenses incurred in constructing buildings and installing facilities (hereinafter “instant construction”) shall be subsidized from the Mayang-gun Office from around 2006, but the expenses incurred in purchasing the site shall not be subsidized.
C. Around February 7, 2006, the Defendant concluded a contract on behalf of the Plaintiff for the construction work of E Co., Ltd. (E; hereinafter “E”) and the construction work of the Memorial Hall in the price of KRW 2,402,664,00, and for the construction work of the exhibition facilities and exhibition goods in the amount of KRW 1,244,348,000, respectively.
In addition, the H Representative M (hereinafter “H”) which designed the instant construction project on the same day, and the price was KRW 54,767,00 on the surface and KRW 40 million on the side agreement, and entered into a construction supervision service contract with KRW 94,767,00,00 in total.
On February 27, 2006, the Defendant paid KRW 500 million to E’s subsidies for E’s architectural civil works, but with E’s consent, the Defendant first paid KRW 100 million to G, and paid KRW 20 million to H for each advance payment, and paid KRW 380 million to E.
Since then, from December 2008 to November 15, 201, the defendant paid the above KRW 120 million to E as the plaintiff's constitutional donation.