2019Nu31909 Action demanding cancellation, such as an order to return illegal receipt amount

A Stock Company

The Head of the Seoul Regional Employment and Labor Office Seoul Northern Site

Seoul Administrative Court Decision 2018Gudan57042 decided November 27, 2018

May 28, 2019

June 25, 2019

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance is revoked. The Defendant’s disposition on March 22, 2017 (from March 23, 2017 to March 17, 2018) of support and restriction on loans, return of KRW 10,584,00, and additional collection of KRW 10,584,000 for 360 days against the Plaintiff (from March 23, 2017 to March 17, 2018) shall be revoked.

1. Quotation of the first instance judgment

The reasons for this case are as follows: ① The first "7,764,00 won" in the second letter of the judgment of the court of first instance shall be deemed to be "7,784,00 won"; ② the "Witness" in the second letter of the judgment of the court of first instance shall be deemed to be "7,784,00 won"; ② the "Witness" in the second letter of the judgment of the court of first instance shall be deemed to be a witness of the court of first instance; ③ the first letter of the judgment of the court of first instance between the sixth and the 19th letter of the judgment of the court of first instance (Seoul High Court 2018No112, Sep. 20, 2018) was sentenced to the judgment dismissing the above appeal (Seoul High Court 2018No112, Nov. 23, 2018), and the appeal of the E shall also be deemed to have been dismissed as of November 23, 2018 (Supreme Court 2018Do16257).

2. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge, appointed judge;

Judge Park Jong-soo

Judges Han Young-young