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(영문) 서울고등법원 2019.6.25. 선고 2019누30784 판결
부정수급액반환명령등취소
Cases

2019Nu30784 Revocation, such as an order to return illegal receipt amount

Plaintiff Appellant

A Stock Company

Defendant Elives

The head of the Seoul Regional Employment and Labor Office Seoul East Site

The first instance judgment

Seoul Administrative Court Decision 2017Gudan72495 decided November 27, 2018

Conclusion of Pleadings

April 30, 2019

Imposition of Judgment

June 25, 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. The Defendant’s disposition of restricting the provision of subsidies and loans for 360 days against the Plaintiff on August 8, 2017, and the disposition of returning KRW 41,665,520, and additional collection of KRW 41,65,520, all of which are revoked.

Reasons

1. Quotation of the first instance judgment

The reasons for this case are as follows. (1) The second page "date of payment of the second page of the judgment of the court of first instance" among the "date of payment of the second page of the judgment of the court of first instance" shall be read as " September 4, 2014." (2) The "No. 2, 9-2, 9" in the first page No. 11 as "No. 2-1 through 4-9, and No. 14" in the second column No. 11 as "No. 2-1 through No. 4-9, and No. 14", and (3) The appeal of the court of first instance against the above judgment was dismissed on September 20, 2018 (Seoul High Court Decision 2018No112, Sept. 20, 2018), and all of the appeals of the court of first instance were dismissed on September 21, 2018.

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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