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(영문) 서울고등법원 2016.01.26 2015나2013896
부당이득
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for admitting the judgment of the first instance shall be the same as the entry of the reasons for the judgment of the first instance except for the amended portions in the following:

Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act.

2. The “industrial accident compensation insurance fee” in the 6th page of the judgment of the first instance, which is modified, shall be replaced by “industrial accident compensation insurance fee and employment insurance premium”.

In the judgment of the first instance court, the "industrial accident compensation insurance fee" in the 5th page of the 6th judgment is replaced by the "industrial accident compensation insurance fee and employment insurance premium".

Part VI of the judgment of the first instance court shall be deleted from the last eth to 7th eth eth.

The plaintiff in the first instance judgment of the first instance is replaced by the "Plaintiff" in the first instance judgment of the first instance.

Part 5 and part 6 of the judgment of the court of first instance are replaced by "whether a subcontract relationship is a subcontract relationship or a joint supply and demand relationship".

In the first instance judgment, the "Framework Act on Construction Projects" of the 12th and 15th of the Act on the Construction Industry is replaced by the "Framework Act on the Construction Industry".

After the judgment of the first instance court, the phrase “assumptive” in Part 21 of Part 8 of the judgment, “(as of January 1, 2008, the plaintiff may suspend business operations for not more than six months or impose a penalty not exceeding 100 million won on a constructor who violated the obligation to specify social insurance premiums under Article 22(5) of the former Framework Act on the Construction Industry, but the foregoing provision was newly established by the amendment of Act No. 11567 of December 18, 2012, and the foregoing new provision was enforced six months after its promulgation pursuant to Article 1 of the Addenda.).”

A written judgment in the first instance court shall be deleted from 23 pages 13 through 24 up to the last page.

The written judgment of the first instance court was replaced by the written evidence Nos. 84-1, 2, 85 through 87 of the evidence No. 84-1, 84-2, and the written evidence No. 85 through No. 87 of the A, and there is no other counter-proof.”

Written judgment of the first instance shall be in accordance with the 26th page.

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