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 Plaintiff’s assertion is a C’s caregiver operated by the Plaintiff, and the facts from June 2014 to December 2015 were as follows: (a) even if the Plaintiff did not provide medical care services to D, a beneficiary of long-term care benefits, or provided medical care services for 30 minutes a day, the Defendant prepared a record book of long-term care benefits and sent time to and from work via Handphones, as long as the Plaintiff provided medical care services for 4 hours a day.

Based on this, the Plaintiff claimed expenses for long-term care benefits to the Korea Workers' Compensation and Welfare Service and paid benefits to the Defendant, and the Korea Workers' Compensation and Welfare Service recovered the expenses on the ground that

Since the Defendant acquired the benefit amount corresponding to the time when the medical care service was not provided during the above period without any legal ground, it shall return the benefit amount to unjust enrichment.

2. Determination

A. The Plaintiff prepared a false record of the provision of long-term care benefits as if the Defendant did not provide medical care services to D, and the Plaintiff received expenses for long-term care benefits from the National Health Insurance Corporation based on such fact that the fraudulent receipt of benefits was discovered after the Plaintiff’s demand for long-term care benefits and thus

The amount equivalent to the benefits that the defendant received without providing labor can be regarded as unjust enrichment.

B. As to this, the Defendant asserts that the money the Plaintiff seeks to return constitutes illegal consideration and thus cannot respond to the Plaintiff’s claim.

Comprehensively taking account of the overall purport of the arguments in B 1, 2, and 6, E and the Plaintiff, the actual operator of C, as its representative, conspired to receive expenses for long-term care benefits from the Health Insurance Corporation by allowing caregivers, including the Defendant, to falsely state the hours for providing medical care services. The Defendant is given the time for providing medical care services as above in accordance with E and the Plaintiff’s invitation.