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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. A was an employee of the Daesung Development Co., Ltd., and suffered injuries, such as escape from a warning sign No. 5-6 in the future, due to an accident that was sleeped while cleaning the company’s building on November 4, 2009 (hereinafter “instant accident”).
B. A, due to the instant accident, received medical treatment at a medical care institution, such as the Jeonbuk University Hospital, etc. from December 9, 2009 to February 18, 201. The Plaintiff paid KRW 9,138,540 to a medical care institution total of the medical care benefit cost incurred from the instant medical treatment from January 20, 2010 to March 21, 2011.
C. Meanwhile, after the instant accident, A applied for medical care benefits to the Defendant, and the Defendant decided to approve the industrial accident against A on January 25, 2012.
On March 25, 2013, the Plaintiff filed a claim with the Defendant to pay the amount equivalent to the above medical care benefit cost, and the Defendant paid KRW 611,610 among them.
[Ground of recognition] Facts without dispute, entry of Gap 2 and 3 evidence, purport of the whole pleadings
2. Determination
A. According to Article 42(1) of the Industrial Accident Compensation Insurance Act, a person who filed an application for medical care benefits under the Industrial Accident Compensation Insurance Act may receive medical care benefits under the National Health Insurance Act from the Plaintiff before receiving a decision on medical care benefits. According to Article 90(1) of the Industrial Accident Compensation Insurance Act, the Plaintiff is entitled to claim the amount deemed to be reasonable from the health care benefits first paid to a beneficiary of medical care benefits pursuant to Article 42(1). Thus, barring any special circumstance, the Defendant is obligated to pay 8,526,930 won (9,138,540 won - 61,610 won) calculated by deducting the Plaintiff’s 61,610 won from the above 9,138,540 won and delay damages
Furthermore, the Plaintiff sought for the payment of damages for delay from January 26, 2012, which is the day following the date of the decision on approval of industrial accidents with respect to the said money. However, the Defendant’s claim without setting the deadline is a claim on which the Plaintiff sought payment on March 26, 2013.