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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. On March 6, 2014, the Plaintiff filed the instant lawsuit with the Defendant seeking the return of subsidies to the Plaintiff on March 6, 2014, the return of subsidies to the Plaintiff, the closure of the childcare center for one year, and the revocation of the suspension of the Plaintiff’s qualification for one year. While the Defendant pending the first instance trial, the Defendant revoked ex officio the part of the return of KRW 5,463,680, among the above subsidies, the amount of the refund of subsidies that the Plaintiff sought revocation of the disposition was reduced to KRW 46,932,590 (= KRW 52,396,270 – KRW 5,270 - KRW 5,463,680). The first instance court dismissed the Plaintiff’s claim as to the part of the refund of subsidies and the closure of the childcare center for one year as “court B childcare center,” and dismissed the Plaintiff’s claim as to that part only for one year.
Therefore, the part of the claim for the return of the above subsidy and the revocation of the closure of the childcare center for one year is excluded from the scope of the party members' inquiry, and the scope of the party members' inquiry is limited to the legitimacy of the claim for revocation of the suspension for one year
2. Details of the disposition;
A. A. A social welfare foundation B’s child-care center is a founder and operator of B’s child-care center located in C, and the Plaintiff was the representative director of the said social welfare foundation and the president of B’s child-care center. Meanwhile, the Plaintiff’s children were engaged in management of the accounts, etc. of B’s child-care center from January 1, 2010, and E, who was D’s wife and the Plaintiff’s wife, was registered as a child-care teacher of “B’s child-care center” from January 1, 201, and “F” from June 1, 2006.
B. The Plaintiff, as the president of “B childcare center”, is premised on the premise that the said E and F were actually in charge of childcare according to the relevant provisions as a child care teacher of “B childcare center” from January 201 to January 2013.