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(영문) 서울고등법원 2019.04.17 2018누63947
어린이집 위탁해지 및 보조금 반환 처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, such as admitting the relevant part of the judgment of the court of first instance, is as stated in the grounds of the judgment of the court of first instance (including “related Acts and subordinate statutes,” but excluding the part “3. conclusion”) except for the modification of the relevant part of the judgment of the court of first instance as set forth in the following 2. Thus, it is acceptable as it is in accordance

2. 5 pages 8 of the amended portion are without merit, and thus does not constitute a ground for revocation of entrustment.”

【The Plaintiff’s act is deemed to be the Plaintiff’s act in violation of the principle of statutory reservation. The Plaintiff discovered the illegality of D, examined the accounting data of the Child Care Center in this case, and reported the issue of the execution of D’s subsidies to the Defendant, and requested the correction. It is difficult to deem that the trustee as the trustee did not neglect the duty of management and supervision over D, and even if it is determined as the fiduciary’s breach of the duty of care, it cannot be deemed as a violation of the duty of care to deprive the trustee of the status. The Plaintiff received the amount of embezzlement from D from D and paid the amount of retirement pay to the legitimate recipient of retirement pay, and the Defendant cannot order the Plaintiff to return the subsidies useful for D’s occupational embezzlement. Therefore, the instant disposition against the Plaintiff is unlawful. Accordingly, the Plaintiff added the following to “the point where the Defendant is in office,” the right side of the

【The Plaintiff is recognized as an externally excellent nursery facility after leaving D, through the continuous improvement of the infant care environment, the improvement of the working environment of infant care teachers, and the implementation of various education programs for the children of infant care centers, etc., and the revocation of the instant entrustment is not desirable from the perspective of public interest. The instant entrustment disposition is not desirable from the perspective of public interest. 6th day below the “D” to the 9th day below, and therefore, the instant entrustment disposition is also considered as follows.

(b).

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