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 the representative of the “C” (hereinafter “instant center”) that is a long-term care institution for home care in Jung-gu Incheon Metropolitan City.

B. On November 19, 2013, the Defendant issued the instant disposition to recover KRW 51,310,410 of the cost of long-term care benefits on the ground that “the Plaintiff claimed for the cost of long-term care benefits by fraudulent or other illegal means in violation of Article 43(1)3 of the Long-Term Care Insurance Act.”

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. When the Plaintiff’s assertion D, by deceiving the Plaintiff’s 40 million won, files a complaint against the Plaintiff, D would deliver and transfer the certificate of borrowing KRW 30 million on condition of withdrawal of the complaint to the Plaintiff, and the Plaintiff would manage the account of the instant center, and the actual operation of D would continue to be entrusted to the Plaintiff.

However, while D continued to act as the representative of the instant center, the instant center moved recipients of the instant center to a senior welfare center for the senior citizens of the middle-income bracket and closed down the instant center on January 2013 because the recipients were reduced to not more than 10 persons, and the Plaintiff discovered that D embezzled the long-term care benefits received by the instant center and sought legal measures, and D filed a false report with the police that the Plaintiff did not provide the beneficiaries of the instant center with the services such as actual visit care and visit bathing.

Although the facts are as above, the defendant issued the instant disposition on the ground that the plaintiff received long-term care benefits from the defendant without providing the beneficiary of the instant center with services such as visiting care and visiting bathing. This is unlawful.

(b) Entry in the attached Form of relevant statutes;

C. Around January 2010, D, which was a real operator of the instant center, filed a complaint against D on November 201 by deceiving KRW 40 million from the Plaintiff, and D around November 201, 201.