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(영문) 부산지방법원 2016.06.09 2015가단8816
손해배상(기) 등
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 November 13, 201, the Plaintiff, a legal entity, established mainly for the purpose of a comprehensive construction business, etc., concluded an entrustment contract with the Defendant on the part of the Plaintiff Company regarding the entrustment of the duties of general personnel affairs of the Plaintiff Company (hereinafter “instant entrustment contract”), and the said contract continued to have been extended on a yearly basis.

B. On October 2, 2014, the Plaintiff entered into the instant consignment contract with the Defendant, employed daily workers for each construction site, and conducted several construction works. On October 2, 2014, the Plaintiff received from the National Health Insurance Corporation the disposition of imposition of KRW 25,490,140 (hereinafter “instant disposition of imposition”). From February 2, 2012, from February 37, 2012, the reporting of the employee insured and the payment of the premiums was omitted from February 2012 to December 2012, the total health premiums incurred by applying the instant consignment contract to the employee insured employed by the Plaintiff based on the working days.

On October 27, 2014, the Plaintiff filed an objection with the president of the National Health Insurance Corporation upon the instant disposition, but was dismissed on November 25, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. According to the instant consignment contract, the Defendant asserted that the Plaintiff had the Plaintiff report the application of the construction site to the Plaintiff according to the terms of delegation by a good manager as a mandatory, or had the Plaintiff advise the Plaintiff to report the application of the construction site, but did not properly deal with the business. Accordingly, the Defendant imposed health insurance premiums on daily workers who would have not been imposed if the Plaintiff had reported the application of the construction site by the construction site.

Since the above additional burden of health insurance premiums occurred due to the defendant's default, the defendant is liable to compensate for the damages suffered by the plaintiff.

B. The Plaintiff’s assertion in this case 1, if any, is respectively by the Plaintiff.

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