1. All of the plaintiff's claims are dismissed.

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

Details of the disposition

On December 26, 2006, the Plaintiff established and operated a “C.” childcare center (hereinafter “instant childcare center”) in Gangseo-gu Seoul Metropolitan Government with authorization from private childcare facilities.

The child care center of this case is officially recognized by the head of the Seoul Special Metropolitan City, and is certified by the Minister of Health and Welfare under Article 30 of the Enforcement Decree of the Early Childhood Education Act.

The Plaintiff entered into a special activity contract with D’s representative E and F’s representative G, which is an enterprise conducting the special activities for infants (referring to the activity program by external instructors, etc. other than the child care program by age according to the standard infant care process. The same meaning is also the same in cases where the relevant regulations, etc. are expressed as “special activities.” The Plaintiff received special activity expenses from the guardian of infants and children and paid them in full to the said enterprise. From April 6, 2010 to November 28, 201, the Plaintiff was returned KRW 104,964,880 out of the special activity expenses that the Plaintiff paid to the Plaintiff several times from November 28, 201.

(2) Article 44 subparag. 5 of the Infant Care Act (amended by Act No. 10789, Jun. 7, 2011; hereinafter “the Act”) provides that “The head of Gangseo-gu Seoul Metropolitan Government (hereinafter “the head of Gangseo-gu”) shall order the Plaintiff to return the special activity expenses received in excess of the limit under Article 38” under Article 44 of the Act on the ground that the substance of the receipt of the instant money from July 29, 2013 constitutes special activity expenses from the guardian of the infant and child who actually exceeded the actual activity expenses to be paid to the special activity enterprise.” In addition, the head of Gangseo-gu Seoul Metropolitan Government issued a corrective order to return the special activity expenses received in excess of the limit under Article 38 of the Act (hereinafter “Corrective order”) and Article 46 of the Act on the receipt of the instant money.