The judgment below is reversed, and the case is remanded to the Seoul Central District Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. citing the reasoning of the first instance judgment, the lower court determined that the Defendant’s payment of KRW 39,096,900 from the Plaintiff in accordance with the instant disposition based on Article 28(1)1 of the Early Childhood Education Act is not unjust enrichment, on the premise that the Defendant’s payment of the subsidy for the after-school course to the Plaintiff is a subsidy directly paid to the Plaintiff for the purpose of promoting the operation of the full-time system through education and infant care pursuant to Article 27 of the Early Childhood Education Act, by ordering the local government to return the portion of the subsidy for the after-school program to be used for the purpose other than the purpose of the subsidy, on the premise that the Defendant’s payment of the subsidy for the after-school program was not unjust enrichment.

2. Review of the reasoning of the first instance judgment cited by the lower court and the evidence duly admitted by the lower court reveals the following facts.

① The subsidies for after-school programs was paid in accordance with the “Support Plan for Infant Education Expenses for the 2012 Year 2012” (No. 5-1), and the “Operation Plan for the All-Day System of Kindergartens on 2012” (No. 5-2) of the Jeonnam-do Office of Education. According to each of the above plans, the subsidies for after-school programs out of the subsidies for after-school programs are the subsidies for parents, namely, the subsidies for after-school programs, namely, the ordinary expenses for all-school programs are introduced for the purpose of reducing the school expenses borne by parents and supporting kindergarten school expenses, which are the subsidies for young children among the persons eligible for support for expenses for

② Each of the above plans shall be granted subsidies for after-school programs.