1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a non-corporate body that operates “C” in Seocho-gu Seoul Metropolitan Government.

In accordance with Article 20 (1) of the former Act on Activity Assistant Services for Persons with Disabilities (amended by Act No. 13664, Dec. 29, 2015; hereinafter “former Act on Activity Assistant Services for Persons with Disabilities”), the Plaintiff was designated as an activity support institution that provides recipients with activity support allowances.

B. D, which was the representative of the Plaintiff, is presumed to have received activity support allowances from the Plaintiff by the following means, and claimed expenses for activity support allowances (hereinafter “expenses for activity support allowances”) to the Defendant under the name of the Plaintiff (hereinafter “the instant illegal claim”).

The details of temporary activity support allowances are as follows: (a) false application is made to be recognized as “one-person household additional benefits” after being living together with his/her spouse on or around June 2012 to May 2016; and (b) even though the person living together with his/her spouse on or around September 2015 to June 2016 did not use night assistants, the person operated the device and received the said benefits by using “timetime use benefits”; and (c) even if he/she did not use night assistants at night, around September 2015 to June 2016, he/she operated the device and received the said benefits.

C. On November 29, 2016, the Defendant notified the Plaintiff that the Plaintiff would recover KRW 121,14,800 (hereinafter “instant disposition”) from the sum of the above benefits pursuant to Article 35(1) of the former Act on Activity of Persons with Disabilities and Article 25 of the Enforcement Decree of the Act on Activity of Persons with Disabilities, on the ground that the Plaintiff claimed and paid expenses for benefits by fraudulent or other unlawful means (hereinafter “the instant disposition”).

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 4, 7 evidence, Eul's 1 through 3, 5, 7, 9 (including each number), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is based on the following circumstances.