1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Nonparty A received medical treatment from January 24, 2010 to October 1, 2010 due to an injury, such as cerebral typhism, while working for a genetic precise stock company.

B. From January 24, 2010 to October 1, 2010, the Plaintiff paid 27,215,170 won in total to a medical care institution, excluding the principal’s share, among the medical expenses for A, insured under the National Health Insurance Act.

C. On July 19, 2013, the Defendant decided to approve industrial accidents against A.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The gist of the parties’ assertion argues that the Plaintiff paid medical care benefits to A who suffered injury due to occupational reason, and thereby, the Defendant exempted the obligation to provide medical care benefits to A and obtained benefits equivalent to KRW 27,215,170 without any legal ground, and thus, the Defendant is obligated to pay the Plaintiff unjust enrichment equivalent to the same amount.

In this regard, the defendant asserts that the plaintiff's claim is based on the Industrial Accident Compensation Insurance Act, and the three-year extinctive prescription has expired.

3. Determination

A. Article 53(1)4 of the National Health Insurance Act provides that “The National Health Insurance Corporation shall not provide insurance benefits where a person eligible to receive insurance benefits receives insurance benefits or compensations under other statutes due to a disease, injury, or accident that occurred on duty or on official duty.” The relevant provisions of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) are as follows.

Article 40 (Medical Care Benefits) (1) Medical care benefits shall be paid to any worker who suffers from an injury or disease due to his/her occupational reason.

(2) Medical care benefits referred to in paragraph (1) shall be provided to industrial accident insurance-related medical institutions referred to in Article 43 (1).

Provided, That where it is inevitable, medical care expenses may be paid in lieu of medical care.