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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On July 5, 197, the Plaintiff was employed as an employee of B Co., Ltd., and was treated on July 5, 197 as an explosiond by the oxygen disease in front of the oxygen shock room in the workplace (hereinafter “the instant accident”), and entered the mouths at the bottom of the upper latent and the right-side non-fabs, and received first medical treatment approval from the Defendant until October 1 of the same year.
B. On April 7, 2005, the Plaintiff asserted that the instant accident occurred to the Defendant, and filed an application for additional medical care, and the Defendant issued a non-approval on the ground that there is no proximate causal relation between the instant accident and the fertility.
C. 1) On September 23, 2009, the Plaintiff’s injury to each of the instant accidents (hereinafter “the instant injury to the Defendant”).
(2) On April 13, 2011, the court rendered a judgment dismissing the Plaintiff’s claim, and thereafter dismissed the Plaintiff’s appeal (No. 2011Nu1579) and the appeal (No. 2011Nu27360). The judgment became final and conclusive. (3) The Plaintiff filed a lawsuit seeking the revocation of the foregoing non-approval disposition with the court 2010Gudan23444.
1) On July 7, 2017, the Plaintiff asserted that disability benefits for the injury of this case was sustained after each of the instant accidents, and that the Defendant filed a claim for disability benefits for the injury of this case on September 15, 2017, on the ground that “The Plaintiff filed an application for additional medical care on April 7, 2005 and September 23, 2009 after the completion of the medical care on October 15, 2017” with the Plaintiff on the ground that “the period of extinctive prescription has expired (the starting point of counting: September 30, 197) without medical care due to non-approval.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4-1 through 3, Eul evidence Nos. 1 and 2, and all pleadings.