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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On May 8, 2017, the Defendant: (a) deemed that the Plaintiff, as the founder and operator of the C Child Care Center, which is a private child care center in Gyeyang-gu Incheon (hereinafter “instant child care center”), worked as the president, received subsidies or appropriated subsidies by fraudulent or other illegal means; and (b) imposed a penalty surcharge of KRW 20,700,000 in lieu of the suspension of the president’s qualification for three months and the suspension of the operation of the child care center (hereinafter “previous disposition”).
① The Plaintiff falsely reported D as a child care teacher in charge of reflecting D who does not work for eight hours a day from July 201 to April 2012, 201, and received subsidies of KRW 2,600,000 from the Defendant by making D to pay KRW 2,60,000 in total, including expenses for improvement of treatment, improvement of working environment, encouragement allowances, evaluation and authorization hub, etc.
② From July 201 to April 2012, the Plaintiff received KRW 4,766,640 from D as the Plaintiff’s personal deposit account, and appropriated KRW 4,766,640 for subsidies.
B. On July 19, 2018, the Plaintiff filed a lawsuit against the Defendant seeking the revocation of the previous disposition by the Incheon District Court 2017Guhap51956, and received a favorable judgment (hereinafter “previous judgment”) that the previous disposition was unlawful and revoked in its entirety on the following grounds, and the said judgment became final and conclusive as it is.
① Although D does not constitute a childcare teacher who shall work for eight hours a day, the Plaintiff deemed D as a childcare teacher in charge of the Ban of the childcare center, and received KRW 2,530,000 in total from July 201 to April 2012, 200, including improvement expenses for treatment, work environment improvement expenses, encouragement allowances, evaluation authorization and licensing. This constitutes a case where the Plaintiff received subsidies of KRW 2,530,000 by fraud or other improper means.
② The Plaintiff’s personal deposit account is KRW 5,096,940 from July 2, 201 to April 2012.