1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance citing the instant case is as follows: (a) the court shall use the “new protection” of the third and fourth 4 pages of the judgment of the court of first instance as the “protection of trust”; and (b) other than the Defendant’s assertion emphasizing at the court of first instance as follows, the reasoning of the judgment of the court of first instance is the same as that of the judgment; and (c) thus, it shall be cited as it is in accordance with Article 8(2)

【Supplementary Decision】

A. In light of the purport and contents of the Industrial Accident Compensation Insurance Ordinance on the collection and restitution of unjust enrichment by the Defendant’s assertion, the instant disposition is lawful in light of the following: (a) the Plaintiff received monthly temporary disability compensation benefits for three months after the instant accident; and (b) the Plaintiff was working on a daily basis and had income.

B. Determination 1) When a person who received insurance benefits collects an amount equivalent to the amount of the insurance benefits erroneously paid from the party who received the insurance benefits, he/she shall make a disposition to collect the amount equivalent to the amount of the insurance benefits erroneously paid from the party who received the insurance benefits in light of the above legal principles, such as: (a) whether the party to the insurance benefits was attributable to intentional or gross negligence; (b) whether the amount of the insurance benefits erroneously paid can be easily restored to the original state; and (c) details and degree of disadvantages suffered by the party as a result of the disposition to collect the amount of the insurance benefits erroneously paid; and (d) whether the amount of the insurance benefits should be collected from the specific details and disposition of the public interest needs to be achieved; and (e) whether the public interest needs to collect the amount equivalent to the amount of the insurance benefits erroneously paid from the party who received the insurance benefits; and (e) where such disadvantages are sufficiently justified to the extent that the public interest needs to be suffered by the party (see, e.g., Supreme Court Decision 2011Du3