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(영문) 수원지방법원 2019.11.21 2019구합60579
보조금반환명령 등 취소
Text

1. On December 19, 2018, the Defendant ordered the Plaintiff to return subsidies of KRW 2,625,00,000, and unjust enrichment of KRW 939,000.

Reasons

1. Details of the disposition;

A. The Plaintiff is the founder and the president of the “C Child Care Center” (hereinafter “instant Child Care Center”).

B. D (E) entered the instant childcare center on December 1, 2016, and was taken care of under the control of “cleaner”, a two-year-old radius of the instant childcare center in 2017.

C. D’s mother-friendly F gave birth to D’s birth on April 22, 2017.

The Plaintiff received D’s KRW 313,000 from F for childcare on April 23, 2017, from F, in the amount of KRW 313,00 for childcare, ② the amount of KRW 313,00 for childcare on May 22, 2017, ③ the amount of KRW 313,00 for childcare on June 23, 2017.

E. At least 11 days in April, May, 2017, the monthly use status of the child care center of this case (number of days of attendance) in the child care center of this case (D, H, I, J, K, L, and M) was determined by the “child care center support system” and filed an application for payment of basic child care fees with the Defendant. The Defendant paid the Plaintiff KRW 875,000 with the basic child care fees for each of the above monthly months of clear reflects (i.e. 125,000 / 7).

F. The Defendant, even though D was not present at all at the instant childcare center in April, May, 2017, paid a total of KRW 939,000 (i.e., KRW 313,000/month x 3 months) from F, and was paid a total of KRW 2,625,000 (=i.e., KRW 875,000/month x 3 months x 3 months) from the Defendant on December 19, 2018, on the ground that D was paid the Plaintiff under Article 40 subparag. 3 of the Infant Care Act (amended by Act No. 16251, Jan. 15, 2019; hereinafter the same) and (ii) a refund order of KRW 2,625,00 under Article 40 of the Infant Care Act (hereinafter “Return order”); and (iii) a collection order of unjust enrichment under Article 10 subparag. 130 of the Act on the Use and Management of Social Services (hereinafter “Social Services”).

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