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(영문) 울산지방법원 2015.02.13 2014가단25114
건강보험료반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 30, 2012, the Plaintiff received a subcontract for B tank manufacturing installation works from HanT, and between the Defendant and the Defendant, the Defendant supplied human resources to perform the instant construction works, and drafted a written agreement with the following contents (hereinafter referred to as the “instant agreement”). The parties are the Plaintiff, the Plaintiff, and the Defendant’s representative for the contact company.

-Agreements-

1. Agreed matters: B-FB140A/B/C/Dall Bank 4 Sll area and thought work;

2. 1) Agreement amount: 600,000 won/Ton x 2,00Ton x 1,200,000 won/Ton 2) In the case of thought work: 80,000 won/Ton x 1,60,000 won/Ton x 2,000 Ton x 1,360,000,000 won;

3. Contents 1) Contents 1) In the event of preparation and work under the Labor Standards Act (including personnel expenses for persons related to the shortest thought) 2) including taxes and insurance premiums equivalent to the Labor Standards Act (3) in the middle and night work, 5) in the company’s charge in the middle and night work, 5) in the company’s charge, W.S.S.S. &P & F Group Report, 6) in the shortest Emline when preparing for work.

B. In accordance with the instant agreement, the Defendant mobilized human resources to carry out the instant construction work by using a position as the head of the contact team. From March 2012 to August 2012, 2012, the Plaintiff directly paid KRW 1,392,019,690 to the relevant employee, including the Defendant’s wage of KRW 118,607,620, as well as the wage for the employee invested in the instant construction work. The Defendant organized the working hours and service of the employee invested, and reported to the Plaintiff, the Plaintiff paid the Plaintiff after deducting the tax amount of wage and salary income tax, etc. and the employment insurance premium.

C. However, around July 2014, the National Health Insurance Corporation notified the Plaintiff that health insurance premiums of KRW 82,379,240 for employees invested in the instant construction work would be paid.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 3 (including paper numbers), C’s testimony.

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