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(영문) 광주지방법원 2014.07.23 2014나50049

부당이득금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. A, while serving as an employee of a gold-free stock company, caused by industrial accidents that occurred at the place of business on May 27, 2009, thereby resulting in the occurrence of a commercial organ or waste malicious life (waste cancer).

(hereinafter referred to as the "accident of this case").

A due to the instant accident, A was provided medical treatment at a medical care institution, such as the Namnam University Hospital, etc. from February 16, 2010 to August 12, 2010.

C. The Plaintiff paid KRW 5,560,480 of the cost of health care benefit incurred from February 16, 2010 to August 6, 2010 to the relevant health care institution, such as the statement in the calculation table of attached damages during the above treatment period.

On May 15, 2013, the defendant approved the industrial accident of this case as an industrial accident under the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Industrial Accident Compensation Insurance Act").

E. On August 7, 2013, the Plaintiff filed the instant lawsuit claiming the Defendant for the payment of the aforementioned settlement amount, but the Defendant did not comply with the three-year extinctive prescription as of the filing date of the claim on September 11, 2013, seeking the said KRW 5,560,480, and damages for delay thereof.

【Ground of recognition】 The fact that there has been no dispute, and each description of Gap’s 1 through 6(including additional numbers)

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay 5,560,480 won and delay damages to the plaintiff, except in extenuating circumstances.

3. Judgment on the defendant's defense

A. The Defendant’s claim in this case is a claimant for the settlement of accounts under Article 90(1) of the Industrial Accident Compensation Act. ① The period of extinctive prescription of the Plaintiff’s claim in this case is three years under Article 112(1)5 (amended by January 27, 2010) of the same Act, since the period of three years under Article 112(1)5 (amended by January 27, 2010) of the same Act, the extinctive prescription of the Plaintiff’s claim

B. The plaintiff's claim ① The plaintiff's claim for the settlement of medical care benefit costs should be confirmed by the administrative disposition called the defendant's approval for industrial accident.