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(영문) 제주지방법원 2015.10.21 2014구합728

산재보험료와 고용보험료 및 산재보험급여액 부과처분 취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 3, 2012, the Plaintiff entered into a contract with the C&D corporation (hereinafter “instant corporation”) to receive a contract for the facility repair work (hereinafter “instant contract”) under the name of “B” (hereinafter “instant contract”). The main contents are as follows.

The name of construction: The period of construction of D’s facility repair works from December 2, 2012 to February 2, 2013: the agreed period: 160,000,000 won; the contractor (Plaintiff) shall execute the construction in accordance with the original drawings and specifications presented by the ordering person (the Plaintiff).

Provided, That when an ordering person requests a design change or an additional construction work, the contractor shall continue to perform the construction work by adjusting the increase or decrease of the construction cost (work cost and expenses) in relation to the ordering person.

After completion of restoration works, the ordering person shall inspect, and the contractor shall fully cooperate with the ordering person.

- The contractor shall charge the ordering person for personnel expenses and expenses every 15 days, and the ordering person shall pay to the contractor by agreement.

- When performing this construction, contractor must complete safety management and contractor shall be fully responsible for accidents, such as accidents due to contractor’s negligence.

- Contractors shall manage only expendable goods, such as wages ( personnel expenses), expenses, and equipment needed for the work.

- The ordering person shall provide materials, raw materials, floating materials, etc. and working places, civil petitions, electricity (power), heavy equipment.

- A contractor must submit without delay documents, etc. necessary for construction management at the request of the ordering person.

- If any defect occurs in one part of the repair work until progress, the ordering person, the contractor, and the contractor shall deal with the defect by agreement.

- After the use of electricity, equipment, and place user fees, the ordering person shall pay to the ordering person at the request of the contractor.

(b).