부당이득금 부과 처분 취소 청구의 소
1 The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff was an employee who had been working in Samong Unemployment Co., Ltd. (hereinafter “Madeung Unemployment”) and suffered injury, such as pressure duplicating No. 12 of the work on October 12, 2011.
B. Since then, the Plaintiff has received temporary layoff benefits, injury-disease compensation annuities of grade 1 in invalidity grade, and nursing fees from the Defendant as insurance benefits under the Industrial Accident Compensation Insurance Act.
C. Meanwhile, on April 2, 2015, the Plaintiff filed a lawsuit claiming damages against the Plaintiff due to nonperformance (Seoul Western District Court 2014Kadan204799) against the Plaintiff at the time of the Samgdong Unemployment, and received a favorable judgment from the Seoul Western District Court on April 2, 2015 (hereinafter “Seoul Western District Court”) to the Plaintiff for payment of KRW 319,889,593 and damages for delay. The judgment of this case became final and conclusive around that time, and the calculation details of the above cited amount are as follows.
The quoted amount = KRW 319,889,593 = [(i) the daily profit from December 1, 2014 to January 16, 2031, KRW 245,758,907, 6,772,883, 200, 00, 300, 400, 500, 300, 400, 400, 199) for future nursing expenses; < Amended by Act No. 1317, Jan. 23, 2015; Act No. 1319, Jan. 23, 2015; Act No. 13788, Apr. 5, 203; Act No. 13193, Apr. 6, 203);
D. On May 28, 2015, 322,129,864, both the above accepted amount and delay damages, were paid to the Plaintiff, and the Defendant filed a claim for substitute payment of insurance benefits.
E. On September 22, 2015, the Defendant ordered the Plaintiff to return the portion of the insurance benefits under the Industrial Accident Compensation Insurance Act, which has not been extinguished by prescription, as unjust enrichment. On the other hand, the Defendant issued an adjustment of insurance benefits and imposition of unjust enrichment (hereinafter “instant disposition”) to the effect that the unpaid insurance benefits shall be paid to the Plaintiff within the scope of damages paid to the Plaintiff, who is the claimant for alternative payment of insurance benefits in