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(영문) 전주지방법원남원지원 2015.05.06 2014가단12073
부당이득금
Text

1. The Defendant: (a) KRW 85,412,570 for the Plaintiff and 5% per annum from October 24, 2014 to January 12, 2015; and (b) for the Plaintiff.

Reasons

1. Facts that there is no dispute, B is the plaintiff's subscriber, and the defendant is the employer B.

B was on duty at the site of a new construction project contracted by the Defendant and fell on the roof and suffered injuries, such as an external shock blood, etc.

(hereinafter “instant accident”). B paid KRW 85,412,57,570 out of September 1, 2013 to July 22, 2014 to the Jeonbuk University Hospital as total medical expenses received from Jeonbuk University Hospital from September 1, 2013 to July 22, 2014. The Plaintiff paid KRW 85,412,570 to the Jeonbuk University Hospital by October 23, 2014.

2. Article 78 of the former Labor Standards Act provides that an employer shall provide necessary medical care at his/her expense or bear necessary medical care expenses in cases where a worker has provided medical care for an occupational injury or disease. If a worker who received medical care from a third party other than the employer for an occupational accident receives benefits equivalent to medical care compensation as provided for in Article 78 of the Labor Standards Act, he/she may not exercise the employer’s right to claim medical care due to occupational accident. Therefore, the employer is obligated to return the benefits that he/she has sustained by releasing the worker from the obligation to claim medical care for the worker who provided the benefit equivalent to the medical care compensation.

(2) In light of the above legal principles, the Defendant, the employer of the instant case, obtained the benefit of exempting the Plaintiff from the obligation to compensate for medical care for B due to the Plaintiff’s withdrawal, and thus, the Defendant, as the employer of the instant case, is obligated to pay the Plaintiff damages for delay calculated at the rate of 20% per annum as prescribed by the Civil Act from October 24, 2014, the day following the final payment date of the Plaintiff’s medical expenses, and the day of delivery of the copy of the complaint from October 12, 2015, the day following the date of delivery of the copy of the complaint of the instant case, to January 12, 2015, and the day of full payment from the next day to the day of full payment, by 85,412,570 won per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

3. Conclusion.

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