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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, and.
Reasons
1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:
Details of the disposition
1) On April 20, 2002, the Plaintiff, as a B’s employee, was cut to electric power while helping the Defendant install air-conditioning pande offices. The Plaintiff filed a claim against the Defendant for the payment of the nursing fees of class 2 from January 1, 2015 to January 31, 2015.
However, on June 8, 2015, the Defendant issued a three-class nursing charge against the Plaintiff on the ground that “the Plaintiff is below the two-class nursing class”.
3) The Plaintiff filed a request for examination against the Plaintiff. On August 21, 2015, the Defendant revoked a disposition to pay the former 3-class nursing fees on the ground that “from January 1, 2015 to January 31, 2015,” which is the Plaintiff’s request period, the Defendant shall pay the two-class nursing fees. 4) On August 28, 2015, the Plaintiff filed a claim against the Defendant for medical care expenses for the period from April 20, 202 to December 31, 2014, which is the day immediately preceding the request period for payment of the second-class nursing fees, from April 20, 2002 to December 31, 2014, which is the day immediately preceding the request period for reimbursement of the second-class nursing fees.
However, on November 2, 2015, the Defendant paid only the difference in nursing fees from June 5, 2012 to December 31, 2014, following the expiration of the extinctive prescription, on the ground that “the difference in nursing fees from April 20, 2002 to June 4, 2012 has expired three years” (hereinafter “instant disposition”).
B. At around May 2015, the Plaintiff knew that the nursing fee paid has been erroneously calculated. Therefore, the extinctive prescription has not been completed, and even if not, the Defendant’s assertion of extinctive prescription is denied.