1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning of the court's explanation concerning this case is as follows, except for adding the following judgments to Chapter 7 of the first instance court's decision No. 18, the part concerning the reasoning of the first instance court's decision. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary judgment] The plaintiff asserts in the trial as follows.

Each accident of this case is a case in which the perpetrator and the victim were employed by the same business owner, and where other workers suffered an accident due to the harmful act of the same worker, such as each accident of this case, and such accident is recognized as an occupational accident, it cannot be deemed as an "accident caused by a third party's act" under the main text of Article 87 (1) of the Industrial Accident Compensation Insurance Act (hereinafter "Industrial Accident Compensation Insurance Act").

Therefore, the defendant asserts that even though the defendant could not exercise the right of indemnity against the plaintiff who is the tortfeasor or the tortfeasor of each accident of this case, it should return the money equivalent to the amount of indemnity from the plaintiff as unjust enrichment.

The main text of Article 87(1) of the Industrial Accident Compensation Insurance Act provides that "if insurance benefits have been paid due to a disaster caused by a third party's act, the Corporation shall subrogate the third party to the claim for damages against the person who has received the benefits within the limits of the benefits amount." The third party referred to in the main text refers to the person, other than the insurer, the insured (employer) and the beneficiary, who is not in a relationship with the victimized worker, who is liable for tort liability or self-harm liability under the Civil Act or the State Compensation Act for the victimized worker, and further, the liability for damages under Article 3 of the Act on the Aggravated Punishment of Traffic Accidents and Article 10 of the Aggravated Punishment Act and Article 724(2) of the Commercial Act for the victimized worker.