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(영문) 인천지방법원 2020.07.03 2018나69649
부당이득
Text

1. Of the judgment of the court of first instance, the part concerning the counterclaim in the judgment shall be modified as follows:

Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The plaintiff is the company manufacturing automobile parts, and the defendant is the plaintiff's employee.

B. On May 26, 2015, while the Defendant was engaged in the work of carrying copper employees and non-ferrouss, which are materials, on the lending and borrowing, there was an accident that the non-ferrouss from the loaded vehicle fall into the right edge of the Defendant (hereinafter “instant accident”). Accordingly, the Defendant suffered injury to the right edge of the first sufficient pressure visvison, the right edge vison, and the right edge vison.

B. On June 22, 2015, the Defendant prepared and delivered to the Plaintiff a written oath (Evidence A No. 1; hereinafter “instant written oath”) as shown in the attached Form.

C. The Defendant filed with the Korea Workers’ Compensation and Welfare Service an insurance benefit under the Industrial Accident Compensation Insurance Act on the ground of the instant accident, and received the payment of KRW 23,20,00 in total of KRW 8,863,760 for temporary layoff benefits, KRW 7,968,80 for disability benefits, and KRW 6,372,220 for medical care benefits.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 2, 8, Eul evidence No. 5 (including the number of branches), the result of the court of first instance commissioning the C Hospital Director with physical appraisal, the purport of the whole pleadings

2. Judgment on a counterclaim

A. The summary of the Plaintiff’s assertion 1) The Plaintiff and the Defendant prepared the instant written oath, and the Defendant agreed to pay the Defendant’s medical expenses, etc. instead of filing an application for insurance benefits under the Industrial Accident Compensation Insurance Act on the ground of the instant accident with the Korea Workers’ Compensation and Welfare Service. This constitutes a special agreement to bring an action against the Plaintiff, and accordingly, the counterclaim raised against this agreement shall be dismissed. 2) If the perpetrator and the victim received a certain amount of money and agreed to waive the remainder of the claim, then damage was incurred thereafter.

Although it is not possible to claim compensation again, the agreement shall be accurate in the scope of the damage.

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