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(영문) 수원지방법원안양지원 2017.09.01 2015가단114249
부당이득금
Text

1. From April 8, 2013 to September 1, 2017, Plaintiff (Counterclaim Defendant) filed against each of the Defendant (Counterclaim Plaintiff) with KRW 3 million and its related amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On or around April 2013, Plaintiff Company was a company which subcontracted the part of pipeline facilities among the geothermal construction of Da-gun E located in Y-gun D from the Hysung Engineering Co., Ltd. and performed the construction (hereinafter “instant construction”), and Plaintiff A is the representative of Plaintiff Company.

B. On April 8, 2013, the Defendant, while conducting melting operations using a melting device at the construction site of this case, was unable to properly manage safety at the construction site of the ethyl alcohol injecting operations and melting operations (hereinafter “instant accident”), and was influent 2 degrees and 3 degrees images were suffered.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 5, the purport of the whole pleadings

2. Determination on the main claim

A. The summary of the Plaintiff’s assertion is a worker belonging to the new engineering company, and even a person who has no relationship with the Plaintiffs, requested the Plaintiffs to pay medical expenses for injury incurred due to the instant accident, and the Defendant paid KRW 16.9 million to the Defendant, and the Plaintiff Company paid KRW 8 million to the Defendant, respectively.

The Defendant received insurance benefits under the Industrial Accident Compensation Insurance Act and the employee accident compensation insurance due to the accident of this case, and related to this, the amount the Plaintiffs paid to the Defendant was unfairly double paid.

Therefore, the defendant is obligated to return to the plaintiff A KRW 16.9 million, KRW 8 million to the plaintiff company, and delay damages for each of the above money to the plaintiff company as unjust enrichment.

B. The main point of the defendant's assertion is that the defendant was employed by the plaintiffs and was involved in the contact work at the construction site of this case, and the plaintiffs are liable for damages arising from the accident of this case as the defendant's employer.

The money that the plaintiffs paid to the defendant is industrial accident compensation insurance.

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