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(영문) 대전고등법원 2017.02.01 2015누13510
요양급여부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain this part of the disposition are as follows: “from September 1, 2009 to February 28, 2031, the maximum working age,” “from September 1, 2009 to February 28, 2031,” “from September 1, 2009 to June 30, 2039, the term “from September 1, 2009 to June 30,” and “the term “the above-mentioned materials” in the 16th sentence after the date of the accident, the Plaintiff filed a claim for the daily income and nursing expenses from October 20 to August 31, 2009, from the date of the second instance judgment, to the date of the second instance judgment, the Plaintiff received temporary disability compensation benefits more than the actual income amounting to 60% of the company’s liability ratio,” and the Plaintiff did not accept the Plaintiff’s claim for the additional temporary disability compensation benefits from the first instance judgment to the date of the instant accident No. 4 and the injury compensation benefits for the instant period.

2. Whether the instant disposition is lawful

A. The plaintiff's primary assertion 1) The mediation of this case is paid by the company of this case, but the plaintiff is paid the amount of mediation of this case from the defendant. However, the plaintiff of this case is the Industrial Accident Compensation Insurance Act (hereinafter "Industrial Accident Insurance Act").

When receiving disability benefits under the Industrial Accident Insurance Act, the company of this case shall pay the amount equivalent to the disability benefits, and the company of this case waives the right to be exempted from liability for damages under Article 80(2) of the Industrial Accident Insurance Act with respect to the insurance benefits under the Industrial Accident Insurance Act except the above disability benefits, and to be subrogated to the plaintiff's entitlement to insurance benefits under Article 89 of the Industrial Accident Insurance Act.

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