Plaintiff (Attorney Rental-young et al., Counsel for the plaintiff-appellant)

In the East Sea Market (Attorney Kim Jong-soo, Counsel for defendant-appellant)

Chuncheon District Court Decision 2010Guhap1010 Decided September 20, 2011

December 14, 2011

1. The plaintiff's appeal is dismissed.

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

The decision of the first instance court shall be revoked. The defendant's order to return the subsidy of KRW 48,693,840 against the plaintiff on November 30, 2010 and the disposition of suspending the operation of the nursery facilities for six months and suspending the qualification of the head of the nursery facilities for three months shall be revoked.

The reasoning for the court's explanation on this case is as follows: "The plaintiff was sentenced to a suspended sentence of a fine of KRW 48,693,840,000,000,000,000 won in the case of the violation of the Infant Care Act (Seoul District Court Decision 2009Kadan570, Feb. 17, 2010) in the case of violation of the Infant Care Act (hereinafter "the plaintiff was dismissed on February 17, 2010)", "The non-party 1 did not actually engage in the full-time service at the above child care center as an English-only infant care teacher, and was provided with the subsidies of KRW 48,693,840,00 in total by falsely preparing and submitting an application for operating expenses for child care facilities and subsidies for meal expenses for low-income children," and the plaintiff and the prosecutor appealed each of the appeal, but the appeal was dismissed on June 25, 2010, and the above judgment became final and conclusive at that time." This is justified under Article 8 (2) of the Civil Procedure Act.

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Jong-soo (Presiding Judge)