beta
(영문) 수원지방법원 2014.12.12 2014구합50331

건강보험료부과처분취소 및 과오납금 반환 청구

Text

1. The part that exceeds 4,886,300 won among the disposition imposing health insurance premiums imposed on the Plaintiff on July 22, 2013.

Reasons

1. Details of the disposition;

A. The Plaintiff, as a personal entrepreneur engaged in real estate development business, generated business income of KRW 1,807,953,175 (hereinafter “instant business income”) from January 1, 2012 to December 31, 2012.

B. On July 22, 2013, the Defendant: (a) divided the instant business income into 12-months during which the Plaintiff was engaged in the workplace; (b) determined the monthly wage of 2012 as KRW 150,662,764; and (c) notified the Defendant of the total amount of KRW 56,989,460, which is the difference between the health insurance premium and long-term care insurance premium already notified (=3,503,420, a long-term care insurance premium of KRW 53,486,040, a total of KRW 53,486,040, which is the difference between the health insurance premium and long-term care insurance premium already notified (=62,195,740, a premium to be paid after adding up the regular insurance premium of KRW 56,989,460, 300, a long-term care insurance premium of KRW 319,980).

(hereinafter referred to as "each of the instant dispositions") : (a) the additional health insurance premiums of 2012 KRW 53,486,040; and (b) long-term care insurance premiums of KRW 3,503,420; and (c) the purport of the entire pleadings as follows: (a) there is no dispute; (b) Gap’s 3, 4, and Eul’s 3; (c)

2. An entry in the attached Form of relevant Acts and subordinate statutes;

3. The Defendant asserts that “The Plaintiff changed the existing claim on September 4, 2014 on an exchange basis, which has the substance of a new lawsuit, and thus, the instant lawsuit is unlawful by even setting the period for filing the lawsuit when it is based on the date of filing the application for modification of the purport of the claim.”

In the instant complaint, the Plaintiff filed a claim with the Plaintiff on September 23, 2013 that “The part of KRW 56,989,460 among the health insurance premium imposition dispositions that the Plaintiff rendered on September 23, 2013 was revoked,” but on September 4, 2014, the purport of the claim was clearly stated in the record that “the Defendant’s alteration of the part of KRW 56,989,460 among the health insurance premium imposition dispositions that the Plaintiff rendered on July 22, 2013, was revoked.” However, considering the purport of the entire pleading in the statement in subparagraphs 1 and 4, the Plaintiff intended to dispute each of the instant dispositions from the beginning, but the date of the demand receipt was erroneous as the date of disposition.