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.

1. Facts of recognition;

A. On April 24, 2010, Nonparty A suffered from the injury of “the tear tear of the present half-proof fest” (hereinafter “the instant accident”) by an accident in the course of performing duties on April 24, 2010 as an employee of Yeongdeungpo-gu Seoul Metropolitan Government C Co., Ltd.

B. In the event of the foregoing accident, A received medical treatment, etc. from the Nansan Hospital affiliated with the Nansan University, which is a medical care institution, as health insurance on April 30, 2010, and D Pharmacies, and the Plaintiff was required to pay KRW 63,870 to the Corporation as health care benefit (hereinafter “instant medical care benefit”). Of which, the Plaintiff paid KRW 12,800 to D Pharmacy on May 20, 2010, and KRW 51,070 to the Gansan Hospital on June 21, 2010, respectively.

C. On the other hand, on May 11, 2010, the Defendant approved the instant accident as an industrial accident by taking the hospitals, etc., as medical care institutions.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 2, and 4 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the medical care benefits of this case are paid by the plaintiff on behalf of the defendant pursuant to the provision of Article 42 (1) of the Industrial Accident Compensation Insurance Act (hereinafter "Industrial Accident Insurance Act"), "A person who applied for medical care benefits under the Industrial Accident Insurance Act may receive medical care benefits under the National Health Insurance Act before the Korea Workers' Compensation and Welfare Service makes a decision on the medical care benefits for industrial accident insurance." Thus, the defendant is obligated to return the amount equivalent to the medical care benefits where the National Health Insurance Corporation under Article 13 of the National Health Insurance Act preferentially pays the medical care benefits, etc. to the beneficiary of the medical care benefits under this Act pursuant to Article 42 (1) of the Industrial Accident Insurance Act and claims the expenses thereof, if it is deemed that the health insurance benefits, etc. are equivalent to the medical care benefits that can be paid pursuant to this Act."