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(영문) 부산고등법원 2017.05.12 2016누23585
고용보험개별연장급여불인정처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation of the instant case is as stated in the reasoning of the first instance court’s judgment, except for the addition of the judgment on the Plaintiff’s assertion in the trial under Paragraph (2) below, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. On October 14, 2014, the Plaintiff’s assertion 1) was issued a written opinion (Evidence No. 12) with respect to Annex B on October 14, 2014; on October 15, 2014, KRW 1,056,558, the Plaintiff paid KRW 756,558, and the Plaintiff paid KRW 756,58, and on November 7, 2014, the Plaintiff visited H Hospital to provide medical consultation and filed an application for medical treatment with respect to B, it can be found that the Plaintiff supported B at the time of the instant disposition. 2) In full view of the reasoning of the judgment, the Plaintiff paid KRW 300,000,000,000 for the medical expenses of Party B and KRW 1,056,558, the Plaintiff’s reimbursement of KRW 1,057,58,58,00 for the medical expenses of Party B on October 15, 2014.

(No. 13, which was submitted by the Plaintiff at the trial on June 9, 2016, is an account statement for payment of the medical expenses of KRW 1,543,510, which was re-issued on June 9, 2016, and the payer of the medical expenses did not appear. Rather, if the result of each of the statements No. 15 and No. 16 and No. 16 and the fact-finding for the first instance-finding Co., Ltd., Ltd. is added, it appears that the subject of issuance of cash receipt of KRW 743,510,500, which was paid on October 14, 2014 and Oct. 15, 2014, deeming that the Plaintiff applied for medical consultation at H hospital on November 7, 2014. In addition, it is difficult to view that the statement of No. 14 alone stated in the evidence No. 14, the Plaintiff applied for medical treatment at H hospital.

(A) Evidence A No. 14 does not state the subject of the application for medical treatment. As alleged by the Plaintiff, the Plaintiff’s wife bears part of the medical expenses of October 15, 2014, and the Plaintiff provided consultation about B at H Hospital on November 7, 2014, and applied for medical treatment on October 14, 2014.

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