1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Facts of recognition

The plaintiff is a person who operates a long-term care institution for older persons, etc. under the trade name of Jongno-gu Seoul Metropolitan Government and the second floor "D Senior Welfare Center" (hereinafter referred to as the "instant center").

The defendant is a caregiver who enters into an employment contract with the plaintiff around November 2012 and takes charge of visiting the center of this case.

From January 5, 2016 to January 8, 2016, the National Health Insurance Corporation conducted an on-site investigation into the instant center operated by the Plaintiff. During that process, the National Health Insurance Corporation prepared false documents related to long-term care benefits and discovered the fact that the Plaintiff claimed expenses for long-term care benefits to the National Health Insurance Corporation based on such documents, as the care workers belonging to the instant center, including the Defendant, extended the number of days and frequency of visit care services provided to the beneficiaries.

In this regard, even though the Defendant provided three-time visit care services to E in fact during the period from December 1, 2012 to October 31, 2015, the Defendant claimed expenses for long-term care benefits by neglecting the number of service days or the number of times as if it provided more services.

According to the results of the above on-site survey, the National Health Insurance Corporation received the total of KRW 48,573,130 from November 1, 2012 to October 31, 2015 by the Plaintiff and received the reimbursement of long-term care benefit costs of KRW 48,573,130 on two occasions during the period from November 1, 2012 to October 31, 2015. Of the amount to be recovered, the amount to be recovered by the Defendant is the sum total of KRW 12,886,640, and KRW 12,781,310, and KRW 330, in the notice of scheduled restitution (A5) as of January 29, 2016, the beneficiary is the sum total of KRW 5,781,310, and KRW 7,105,330,00, among the amount to be recovered.

On the other hand, 7% of the benefits that the National Health Insurance Corporation paid to recipients E was brought to the Plaintiff, and the remainder is the Defendant.