회수처분 취소 청구
1. The judgment of the court of first instance is modified as follows.
The defendant's disposition against the plaintiff on February 20, 2018 12,445.
The court below dismissed the plaintiff's appeal even though the plaintiff appealed against the defendant on February 20, 2018, the court of first instance dismissed the plaintiff's appeal. The court of first instance dismissed the plaintiff's appeal. The court of first instance rejected the plaintiff's claim and dismissed the plaintiff's appeal. The court of first instance rejected the plaintiff's appeal. The court of first instance rejected the plaintiff's appeal. The court of second instance dismissed the plaintiff's appeal.
Therefore, the plaintiff filed an appeal, and the Supreme Court reversed the part that ordered the parents to refund the specialized education expenses, etc. recovered in accordance with the disposition of recovery of KRW 12,445,700, among the judgment of the party before the remand, and remanded the case to this court, and dismissed the remaining appeal by the plaintiff.
Therefore, this Court's judgment after remand is limited to the portion of ordering the parents to refund the specialized education expenses, etc. recovered pursuant to 12,445,700 won recovery disposition (disposition-1).
Details of the disposition
A. On March 1, 2015, the Plaintiff established and operated a kindergarten in Busan-gun B (hereinafter “instant kindergarten”) and leased the instant kindergarten to D on November 21, 2016.
B. The defendant from June 27, 2017 to the same year
6. Until February 29 and September 15, 2017, the audit of the instant kindergarten was conducted, and on February 20, 2018, three measures for recovery (disposition-1, 2, and 4) were taken against the Plaintiff regarding the amount received through deception.
C. The grounds for the disposition of collection of KRW 12,445,700 (disposition-1) are as follows: KRW 13,404,125 under the name of specialized education expenses, teaching material expenses, etc. (hereinafter “specialized education expenses, etc.”) from the parents of the kindergarten, the Plaintiff received KRW 11,965,70 from the parents of the kindergarten and used KRW 11,965,70 for personal purposes, such as repayment of loans, payment of interest, etc. without accounting, and KRW 480,000, such as specialized education expenses, etc. received from the parents under the same pretext during the period operated by D.