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(영문) 서울고등법원 2019.5.21. 선고 2018누77045 판결
반환명령등처분취소
Cases

2018Nu7045 Revocation of disposition, such as an order for return

Plaintiff Appellant

A Stock Company

Attorney Kim Young-chul, Counsel for the defendant-appellant

Defendant Elives

The head of the Central Regional Employment and Labor Office;

The first instance judgment

Suwon District Court Decision 2018Guhap70821 Decided December 5, 2018

Conclusion of Pleadings

April 9, 2019

Imposition of Judgment

May 21, 2019

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance is revoked. On July 12, 2018, the Defendant’s disposition of ordering the return of KRW 10,419,780 (including the amount additionally collected) to the Plaintiff shall be revoked.

Reasons

1. Quotation of the first instance judgment

The reasons for this case are as follows: ① the evidence of the first instance court No. 4 was stated as the "Evidence No. 6" in the second instance judgment No. 17; ② the above Disposition No. 19 in the fourth instance judgment No. 4 was sent with the above Disposition No. 8; ② the above Disposition No. 19 in the second instance judgment No. 19; ③ The notice No. 2 in the second instance judgment No. 5 was sent to D on June 21, 2018; ② the plaintiff was informed of the facts that "No. 5 was sent to D on June 1, 2018; ② the above Disposition No. 1 was stated as the "No. 6"; ② the plaintiff had been informed of the facts that "No. 209,890 won was actually paid; ② the plaintiff had been informed of the facts that it had been ordered to pay the unemployment benefits at 50 p.m. 90,000 won; ④ The plaintiff had already been notified of the Disposition No. 196. 5.

2. Conclusion

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

The presiding judge, appointed judge;

Judge Park Jong-soo

Judges Han Young-young

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