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(영문) 인천지방법원부천지원 2014.09.18 2014가단22163
부당이득금
Text

1. The Defendant’s KRW 45,862,610 as well as the Plaintiff’s annual rate of 5% from April 22, 2011 to June 9, 2014, and the following.

Reasons

1. Basic facts

A. New Zealand, while serving as an employee of a stock company, suffered injury from cerebral cerebrovascular surgery, etc. from the cerebral cerebral cerebral cerebral Spona, etc. around June 25, 2010, and received treatment from around that time to March 2, 201, at the Hacheon National University of Korea, from the time when he/she served as an employee of the company.

B. From September 29, 2010 to April 21, 2011, the Plaintiff paid 45,862,618 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 October 29, 2013, the Defendant decided to approve industrial accidents against A. D.

On March 5, 2014, the Plaintiff claimed the above medical expenses paid to the Defendant, but the Defendant rejected the payment to the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 3 evidence, the purport of the whole pleadings

2. 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 arising from its business or official duty, and the relevant provisions of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "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.

(1) A person who applies for medical care benefits pursuant to Article 41 (1) may receive medical care benefits or omissions under Article 41 of the National Health Insurance Act before the Korea Workers' Compensation and Welfare Service makes a decision on medical care benefits under this Act.

Article 90 (Settlement of Medical Care Benefit Costs) (1)

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