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(영문) 광주고등법원(전주) 2020.10.21 2020누1259
지원금지급제한,반환명령및추가징수결정등취소
Text

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.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the evidence duly adopted and examined by the court of first instance and the evidence additionally adopted and examined by this court are justified in the findings of fact in the court of first instance

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the modification or addition of a part as follows. Thus, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The following shall be added to the fifth and sixth pages of the judgment of the first instance, which shall be amended or added:

“On the other hand, on August 6, 2019, the Plaintiff transferred the difference of seven months from July 2018 to January 2019 (total 1,167,200) among the wages raised pursuant to the instant employment contract to B. However, this was made in the process of submitting a prior written opinion from the Plaintiff before the instant disposition was rendered and receiving related statements from the Plaintiff’s representative director on the ground that the Defendant was not entitled to receive the employment promotion subsidy of this case due to the fixed period of time, and thus, the aforementioned remittance was made in order to show that the receipt of the employment promotion subsidy of this case was justifiable rather than for the implementation of the instant employment contract. Rather, the Plaintiff paid the retirement allowance of one year to B on January 10, 2019, and was paid with the wage increase in accordance with the instant employment contract (average wage of KRW 2,167,200) as of January 10, 2019 (the first wage of KRW 1,204,2081).

As to this, the Plaintiff is against B on November 5, 2018.

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