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(영문) 서울고등법원 2019.11.22 2019누45526

부당건강보험료처분 취소

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1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance was presented to this court, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning of the judgment of the court on this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal as set forth in the following Paragraph (2) of Article 8 of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, since the court's explanation on this case is consistent with the reasoning of the judgment of the court of first instance.

2. In full view of the evidence cited in the first instance trial and the purport of the entire statements and arguments as stated in the evidence as well as the evidence as stated in the evidence as stated in the Eul and Eul evidence as above, the plaintiff is the owner of the apartment of this case from 107,40,000 won to 107,40,000 won, and the plaintiff's global income amount for the year 2016 shall be acknowledged as the ground for 1,470,000 won. The defendant calculated the contribution points and the amount of the insurance premium calculated under Article 42 (1) and [Attachment Table 4] of the Enforcement Decree of the Health Insurance Act by taking into account the plaintiff's income, property, etc. based on the case of this case being enforced at the time of the disposition of this case and the annual income amount of the plaintiff under Article 42 (1) and [Attachment Table 4] of the former Enforcement Decree of the Health Insurance Act (amended by Presidential Decree No. 28693, Mar. 6, 2018).

In addition, the defendant is calculated in accordance with Article 9 (1) of the Long-Term Care Insurance Act and Article 4 of the Enforcement Decree of the same Act.