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(영문) 대구지방법원경주지원 2015.06.23 2015가단10755

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. At around 12:40 on November 1, 2013, B: (a) around 12:40, China’s Chinese food, “D,” which was ordered by the Chinese restaurant in the name of “D”, was set up and left around the vehicle because it was not found in the place of delivery; (b) in conflict with the Rose-type train operated from the center line 361.7 km on the Dog-ri’s Dog-ri’s Dog-ri’s Dog-ri’s Dog-ri’s Dog-ri’s Dog-ri’s Dog-ri’s Dog-ri’s Dog-ri’s Dog-ri’s Dog-ri’s Dog-ri’s Dog-ri’s Dog-ri’s

(hereinafter referred to as “instant accident”). On January 7, 2014, the payment date of health care institutions (hereinafter referred to as “the instant accident”). Gyeongbuk University Hospital of Gyeongbuk University of 21, 2014, KRW 4,26,800, 19,234,390, Dong National University Hospital of Gyeongbuk National University of 10,936,340 on February 21, 2014, and KRW 2,343,470 on February 21, 2014, and KRW 4,26,800 on January 27, 2014.

B. B received treatment in Dong-dong University, University, Racing Hospital, etc. due to the instant accident, and the Plaintiff paid KRW 36,781,000 to the relevant medical care institution, excluding KRW 9,816,270 of the total medical care benefit cost of B, excluding KRW 9,816,270 of the Plaintiff’s charge, as follows:

C. The Defendant, as a business owner of D, has a duty to employ B as a business owner, and to pay attention not to cause safety accidents when B delivers Chinese food to B, and as such, the instant accident occurred while B delivers Chinese food to B, the Defendant is obligated to compensate for damages and compensate for medical care due to the instant accident pursuant to Article 756 of the Civil Act and Article 78(1) of the Labor Standards Act.

Nevertheless, the Defendant: (a) caused B to receive treatment as the Plaintiff’s charge from the Corporation; (b) thereby exempted the Plaintiff from the obligation to compensate for the damages and the obligation to compensate for the medical care; (c) obtained profits equivalent to KRW 36,781,00 of the medical care benefit cost borne by the Plaintiff without any legal cause; and (d) caused damages equivalent to the same amount to the Plaintiff.