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(영문) 서울고등법원 2016.10.06 2016누43109
보조금반환명령취소등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

In the first instance court’s order to return subsidies of KRW 3,535,680, imposition of a penalty surcharge of KRW 4,500,00 in lieu of a disposition to suspend operation for 1.5 months, and revocation of suspension of qualification for 1.5 months against the Plaintiff, the court of first instance revoked the above order to return subsidies of KRW 1,461,60, and dismissed all the remainder of the Plaintiff’s claim.

In regard to this, only the Plaintiff filed an appeal against the imposition of a penalty surcharge of KRW 1,461,60,600 in lieu of the above order to return the subsidy, and of KRW 4,500,00 in lieu of the disposition to suspend the operation of 1.5 months, the scope of the judgment of this court is limited to the imposition of a penalty surcharge of KRW 1,461,60 in the first instance judgment, and KRW 4,50,000 in lieu of the disposition to suspend the operation of 1.5 months.

The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition or deletion of some of the judgment of the court of first instance as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Part 2, "from October 2014 to February 2015" in Part 10 shall be deemed to be "from September 2014 to January 2015", "from November 2014 to February 2015" in Part 11-12 shall be deemed to be "from October 21, 2014 to January 2015", and "the basic childcare fee shall be paid in the following month" in Part 17 shall be added.

Part 3 3 through 5 shall be deleted.

Part 4 provides that "from October 2014 to February 2015" in Part 6 shall be deemed to be "from September 2014 to February 9, 2015", "Seoul in February 2015" in Part 12, "D, from October 2014 to February 2015", "D, from October 2015" in Part 12 shall be deemed to be "D from September 2014 to January 2015, and from October 21, 2014 to January 2015."

Part 5 "D: October 2014; November 1, 2014; and E, from September 1, 2014."

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