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(영문) 서울동부지방법원 2014.08.22 2014나20723
부당이득금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 7, 2010, workers A, a Saemaul taxi company, et al., suffered a close frame of a wide bridge while pushing the taxi passengers B in the Seoyang-dong, Seoul Special Metropolitan City.

B. From March 7, 2010 to August 24, 2010, A received health insurance from the National University Hospital, etc., and the Plaintiff paid KRW 2,885,680 to the pertinent hospital, excluding the principal’s charges, from April 13, 2010 to September 18, 2010.

From March 7, 2010, March 8, 2010, 275,420 2, 2010, the Plaintiff’s portion borne by medical care institutions for medical treatment day medical care institutions (wons)

4. By April 19, 2010, C Hospital 2,474,660 3, 2010 Dap Hospital 30,690 4, 2010 e- pharmacy 8,680 5,680 5, 27 April 27, 2010 11,207 33,370 33,370 8 on May 7, 2010 c hospital 11,120 17,00 C hospital 17,05,0038 35,85,000 c hospital 20 on June 30, 2010

C. On August 12, 2010, A filed an application for medical care benefits under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), and the Defendant decided to approve industrial accidents on September 2, 2010.

On January 6, 2011, the Plaintiff demanded the settlement of medical expenses paid to the Defendant. On January 6, 201, the Defendant paid KRW 2,474,660 to the Plaintiff as the settlement amount.

[Reasons for Recognition] Evidence No. 1 to 5, Evidence No. 4, 5, the purport of the whole pleadings

2. Determination on the cause of the claim

(a) If a person eligible to receive insurance benefits falls under any of the following subparagraphs, the Service shall not provide any insurance benefit:

4. Where a person receives insurance benefits, compensation, or compensation under other statutes due to a disease, injury, or accident incurred in the course of performing his/her duties or in the line of duty, the person who intends to receive medical care benefits (excluding medical care benefits for pneumoconiosis; hereafter the same shall apply in this Article) under Article 41 (1) of the Industrial Accident Compensation Insurance Act shall be his/her workplace or disaster

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