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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. The Plaintiff is a company that operates social welfare facility business.
On April 22, 2009, the Plaintiff was designated as a long-term care institution that provides facility benefits pursuant to Article 31(1) of the former Long-Term Care Insurance Act (amended by Act No. 12067, Aug. 13, 2013) and operated a sanatorium for older persons (hereinafter referred to as “B”) under the name of “B” in the name of “B” in the Chungcheongnam-gun, Chungcheongnam-do.
B. On March 4, 2015, the Defendant notified the Plaintiff of a decision to recover KRW 118,916,90 of the cost of long-term care benefits that the Defendant paid to the Plaintiff excessively at the Plaintiff’s unfair demand pursuant to Article 43 of the former Long-Term Care Insurance Act (amended by Act No. 13647, Dec. 29, 2015).
(hereinafter “instant disposition”). According to the instant disposition, KRW 118,916,900 of the recovered amount was the difference between the Plaintiff and the Plaintiff claimed for the reduction of the cost of long-term care benefits without reducing the amount of the cost of long-term care benefits from October 2009 to November 201.
In addition, the following is examined to the extent that the Plaintiff contests the details of “violation of the standards for placement of human resources,” which are the core of the instant disposition grounds.
1) The Plaintiff: (a) from August 1, 2009 to November 1, 2009, D from November 1, 2009 to December 31, 2009; (b) E from January 1, 2009 to September 30, 201; (c) from December 1, 2010 to May 31, 201, from December 31, 201 to May 31, 201; (d) from April 26, 2010 to April 30, 2010; (e) the Plaintiff was fully registered as a caregiver for the aforementioned period from October 5, 2010 to September 1, 2010 to December 14, 2010; (e) the Plaintiff was not fully registered as a caregiver; (e) the Plaintiff was fully registered as a caregiver for the aforementioned period from January 1, 2010 to November 14, 2010.