logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.10.14 2014나21974
부당이득금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) B, who is an employee of a A childcare center, was diagnosed of cerebral cerebrovascular as he/she lost awareness while performing his/her duties on January 26, 2010;

B. B, from January 26, 2010 to January 3, 2011, the Plaintiff received medical treatment at the Guro Hospital affiliated with the university of Korea University. From January 26, 2010 to January 3, 201, the Plaintiff paid KRW 7,191,200, excluding B (10,069,520) of the medical care benefit cost incurred as listed below, as the Plaintiff’s charge.

Serial 1: (16) 4,307,230,230,230,250,200, 208,308,30,300, 2640, 268,30,000,000 won on February 11, 2010 (29,) 3,200,270,270 won on April 7, 2010; (6) 26,100,00 won on 26,8,00,00 won on 16,30,00 won on 26,8,00 won on 16,00 won on 28,00,00 won on 16,90,00 won on 16,84,00,00 won on 140,740,540,50 won on 16,56,015,06,06,00 won on 16,0

C. The Defendant approved the industrial accident of January 16, 2013 to B. D.

On May 22, 2013, the Plaintiff filed a claim against the Defendant for the payment of the aforementioned charges. The Defendant rejected the payment of KRW 6,427,110, which falls under the period from January 26, 2010 to May 4, 2010, on the ground that the extinctive prescription has already been expired, and the remaining KRW 764,090, which deducts KRW 373,990, which is required for the treatment of a disease unrelated to an occupational accident, from KRW 390,000.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's summary of the plaintiff's assertion obtained a benefit that the defendant is exempted from liability without any legal ground within the scope of the plaintiff's medical care benefit, and the plaintiff suffered a loss equivalent to the same amount. Thus, Article 741 of the Civil Act of the plaintiff

arrow