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(영문) 대전고등법원 2016.11.30 2016누10624
부당이득금징수결정처분취소
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. Details of the disposition;

A. On March 201, Plaintiff A filed a business registration and a business report (hereinafter “C”) with the trade name “C”, the location of the place of business “SJD”, “business attitude service”, and “type hygiene control service” (hereinafter the above service company) and Plaintiff B’s partner (hereinafter “C”), and Plaintiff B is Plaintiff A’s partner.

B. On September 23, 2009, Plaintiff B suffered occupational accidents (hereinafter “the instant injury”) involving “integrative frames, pelle, right slebroids, etc.,” while serving as a part of the daily work of TWT Co., Ltd. (hereinafter “TW”).

C. As the instant injury and disease, Plaintiff B received hospital treatment from G Jong-type and National Assembly members from February 8, 2012 to March 8, 2012 and hospital treatment on March 14, 2012, and received hospital treatment. From H Hospital on January 31, 2012, “Influencing the face value of the face value of the face value of the face value of the face value of the face value of the face value of the face value of the river,” and “influcing the face value of the face value of the face value of the river, the face value of the river, the face value of the river, etc.” on January 25, 2013, and “influencing the face value of the face value of the river, the face value of the river, the face value of which was the front value of the river,” respectively.

Plaintiff

B During each of the above operations, he/she received respectively hospitalized treatment from H Hospital from January 30, 2012 to February 8, 2012, and from January 14, 2013 to January 28, 2013. From the same hospital, he/she received respectively physical treatment from the same hospital from March 12, 2012 to May 3, 2012, and from January 29 to July 4, 2013.

(2) The Defendant paid KRW 22,096,070 for total 654 days of hospitalization from September 23, 2009 to July 15, 2013, which was the first medical care date due to the instant injury and disease, and KRW 22,096,070 for total 654 days of general hospital.

The Plaintiffs submitted to the Defendant a written confirmation under the name of the Plaintiff A, an employment contract between the Plaintiffs, and the Plaintiff B’s wage statement, work attendance book, etc. under the premise that the Plaintiff B is an employee belonging to C, and the Defendant calculated temporary layoff benefits on the premise that the Plaintiff B is an employee belonging to C and calculated temporary layoff benefits from January 30, 2012 to June 28, 2012, respectively.

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