1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

(a) The co-defendant B of the first instance trial is a representative user of D who has a place of business (unexplication) in Supo City C, and the defendant A is the actual operator of the above D.

E (F) is a person who produces and manages the shopping mall website in return for the remuneration of KRW 1.3 million per month from the defendant.

B. On May 10, 2010, the industrial accident accident accident and the Plaintiff’s insurance benefit payment E, when working at the office of the D workplace, had knee and kneeed (hereinafter “instant accident”). As a result, the Plaintiff was hospitalized in G hospital and Haryaryary department at the G hospital and Haryary department.

The Plaintiff paid 1,127,980 won to a medical care institution pursuant to Article 47 of the National Health Insurance Act, excluding 469,580 won for himself/herself, out of the total medical expenses of E 1,597,560 won.

The plaintiff, out of the Corporation's charges 1,127,980 won, 52,800 won for the principal's refund was offset, and accordingly, the expenses actually borne by the plaintiff are 1,075,180 won.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5, 7, Eul evidence 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. On the premise that the instant accident falls under an occupational accident, the Plaintiff filed a claim against the Defendant for return of the amount equivalent to medical care benefits to the Defendant in unjust enrichment, asserting that, by paying medical care benefits to E, the Defendant would benefit from the obligation to compensate for medical care under the Labor Standards Act with respect to E.

B. The employee cannot exercise the right to claim medical care compensation due to occupational accidents if he/she received benefits equivalent to medical care compensation under Article 78(1) of the Labor Standards Act from a third party, not the employee who suffered from occupational accidents. Thus, the employee is an employee to a third party who received benefits equivalent to medical care compensation.