보험급여 지급제한 결정 처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts constituting the basis for no dispute between the parties;
A. On September 18, 2009, the Plaintiff, an employee of a limited company B (hereinafter referred to as “business owner”) filed a lawsuit against the business owner, etc. claiming “(hereinafter referred to as “the instant accident”) against the damages amounting to KRW 1,890,329,523, and damages for delay after September 18, 2009 (hereinafter referred to as “the damages amounting to the instant accident”) in the course of receiving disability pension and nursing benefits from the Defendant from May 2, 2014, while working in the factory and suffering from occupational accidents (hereinafter “instant accident for convenience”) such as damage to the volume of dives by divers from the dives of lifts, etc. (hereinafter referred to as “instant accident”).
prescribed provisions
1. Defendant B shall be paid to the Plaintiff by January 31, 2017,90 million won.
However, if the defendant limited liability company B fails to pay the above amount by the payment date, the unpaid amount shall be paid by adding 15% interest per annum to the payment delay interest calculated from the day following the above payment date to the day of full payment.
2. The defendant limited liability company B shall cooperate to the maximum extent possible with the plaintiff in the procedure for receiving insurance benefits under the Industrial Accident Compensation Insurance Act.
3. The Plaintiff waives each of the claims against Defendant C Co., Ltd. and the remaining claims against Defendant C Co., Ltd.
4. The costs of lawsuit and the costs of mediation shall be borne by each person;
B. On January 10, 2017, after the argument in the claim for damages case was concluded, conciliation was made on the date of open conciliation, which contains the following provisions of conciliation (hereinafter “instant conciliation protocol”) was made.
C. After that, the employer paid 90 million won to the Plaintiff on January 31, 2017 in accordance with the instant protocol of mediation, and thereafter, the employer claimed the Defendant for subrogation of “the right to receive the Plaintiff’s insurance benefits.” Accordingly, the Defendant paid 3,321,450 won to the business owner, and then the beneficiary is subject to the Civil Act or other statutes for the same reason.