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.

1. Basic facts

A. A suffered injury, such as the ele and knee, while engaging in work at the site of a new construction project at the ground-based building project at Chungcheongnam-gun, Chungcheongnam-gu, Chungcheongnam-do on November 18, 2009, and C suffered injury on the side, such as shoulder and knee, while engaging in work at the site of a new construction project at the ground-based building project at the Dong-gu, Ansan-gu, Ansan-si, 2010.

B. Due to the above injury, A received medical treatment from May 19, 2010 to May 26, 2010; and C from April 8, 2010 to April 16, 2010 at an Ansan Hospital affiliated with the Korea University University. The Plaintiff paid to the said hospital KRW 121,280 with the Plaintiff’s charge among the medical expenses for A on July 5, 2010; and KRW 53,020 with the Plaintiff’s charge among the medical expenses for C on June 8, 2010 (the first KRW 88,500 with the Plaintiff’s charge, but the Plaintiff changed to KRW 53,020 with the Plaintiff’s charge on August 29, 2013).

C. The Defendant approved each additional injury and disease against A on December 23, 2010, and against C on May 7, 2010. D.

On June 5, 2013, the Plaintiff filed a substitute claim against the Defendant for a total of KRW 174,300 (i.e., KRW 121,280,020) for each of the above charges against A and C (i.e., KRW 53,020). On June 20, 2013, the Defendant notified the Plaintiff that the extinctive prescription of each of the above charges was completed.

[Ground for Recognition: Facts without dispute, entry of Gap 1 to 8]

2. The assertion and judgment

A. Each of the plaintiff's arguments that the plaintiff's insurance money was paid to the plaintiff, who is exempted from liability without any legal ground. Accordingly, the plaintiff suffered the same amount of damages, thereby recognizing the plaintiff's right to claim the return of unjust enrichment under Article 741 of the Civil Act. Therefore, the extinctive prescription is ten years. Thus, the defendant is obligated to pay the plaintiff the total amount of the above 174,300 won and damages for delay.

In regard to this, the defendant's claims are claims for the settlement of accounts under Article 90 (1) of the Industrial Accident Compensation Insurance Act (hereinafter "Industrial Accident Compensation Insurance Act"), and the above claims are subject to Article 112 (1) 5 of the same Act.