1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. The facts of recognition 1) A was provided by the Plaintiff with medical care benefits of KRW 104,002,20 during the aforementioned period from November 2, 2009 to July 30, 2013, while serving as an industrial accident recipient of the Defendant’s industrial accident and at the same time as the Plaintiff’s employee. A was provided with medical care benefits of KRW 38,172,430 (hereinafter “the instant medical care benefit”). Of them, A received medical care benefits from the Plaintiff for the medical treatment from January 27, 2010 to October 27, 2010 (hereinafter “the instant medical care benefit”).

(See attached Form 3) The Defendant decided to approve an industrial accident on July 15, 2013 with respect to the brain damage caused by the low-carbon damage caused by A (see, e.g., attached Form).

B. Article 90(1) of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) provides, “Where the National Health Insurance Corporation preferentially pays health insurance benefits, etc. to beneficiaries of health care benefits under this Act pursuant to the National Health Insurance Act and claims the expenses thereof, the Corporation may pay the amount equivalent to the health care benefits if it is deemed that the health insurance benefits, etc. are equivalent to the health care benefits that can be paid pursuant to this Act.” This is understood as a special provision which takes precedence over the return of unjust enrichment under

Therefore, according to the above facts of recognition, barring any special circumstance, the Defendant is obligated to settle accounts and return the instant medical care allowance pursuant to Article 90(1) of the Industrial Accident Compensation Act, not Article 741 of the Civil Act, as asserted by the Plaintiff.

2. Judgment on the defendant's defense

A. The defendant's defense of the extinctive prescription is three years in accordance with Article 112 (1) 5 of the Industrial Accident Compensation Act, and the plaintiff's claim that the defendant attempted to do so has already been completed.

B. Determination 1.