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1. The Defendant’s KRW 46,590,660 as well as the Plaintiff’s annual rate of 5% from July 22, 2015 to April 29, 2016, and the following.
Reasons
1. Facts of recognition;
A. On January 1, 2011, the Defendant was a non-profit corporation established pursuant to the Industrial Education Enhancement and Industry-Academic Cooperation Promotion Act with the objective of promoting industry-academic cooperation, etc., and established the “Development Center of the Human Resources of the Gyeonghee University” (hereinafter “the operating institution under the Defendant”).
B. 1) On November 201, 201, the Plaintiff entrusted the development and operation of educational and training programs to the employees belonging to the Plaintiff and the prospective employees to an operating institution affiliated with the Defendant (hereinafter “instant agreement”) with respect to “national human resources development consortium projects” under the supervision of the Gyeong National University and the Human Resources Development Service of Korea (hereinafter “the instant agreement”).
(2) However, according to the instant agreement, the Plaintiff’s training expenses provided by the Minister of Employment and Labor pursuant to Article 20 of the Act on the Development of Workplace Skills of Workers (hereinafter “Vocational Skills Development Act”) are directly paid to the Defendant-affiliated operating institutions.
C. 1) From January 2012 to June 2013, an operating institution affiliated with the Defendant (hereinafter referred to as “instant education and training”) with the Plaintiff’s employees, including the improvement of manufacturing process (32 hours from January 7, 2012 to January 28, 2012), manufacturing process management (32 hours from February 4, 2012 to February 4, 2012), and education and training (hereinafter referred to as “instant education and training”).
(2) The Defendant-affiliated operating body received subsidies from the Minister of Employment and Labor for the Plaintiff totaling KRW 46,590,660, on 14 occasions from February 14, 2012 to July 24, 2013, regarding the instant education and training.
1) The Plaintiff’s employees during the instant education and training period did not participate in the education and training hours or did not perform the education and training, but did not sign the Plaintiff’s work on the part of the Plaintiff, as if they were fully present in the instant education and training provided by the Defendant’s affiliated operating agencies, and signed a false signature on the part of the Defendant’s affiliated operating agencies.