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(영문) 대법원 2015.09.24 2014다233626
구상금
Text

The judgment below

Among the 4,000,000 won and damages for delay thereof, this part of the case is reversed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The main text of Article 87(1) of the Industrial Accident Compensation Insurance Act provides that "Where insurance benefits are paid by a disaster caused by an act of a third party, COMWEL shall subrogate the third party to the claim for damages against the person who has received the benefits within the limit of the benefits."

Here, “the claim for damages against a third party by the recipient of benefits” is limited to the same nature as the insurance benefits paid by the Korea Labor Welfare Corporation, and mutually complementary relationship.

(1) The Defendant paid KRW 22,062,200, 818, 200, 200, 2000, 2012Da41892, Dec. 26, 2013, etc. According to the reasoning of the lower judgment and records, the Defendant paid KRW 200,000, 200, 200, 200, 200, 200, 200, 200,000, 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00,00.

However, medical care benefits provided by the Industrial Accident Compensation Insurance Act are items corresponding to active damages such as civil treatment costs, but even if they are for the same treatment costs, there is no relationship between the existing medical care benefits and future medical treatment costs, and thus, the future medical care costs are based on the existing

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