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(영문) 서울중앙지방법원 2015.01.28 2014가단5109603
부당이득금
Text

1. The Defendant’s KRW 73,224,30 and the Plaintiff’s annual rate of KRW 5% from November 29, 2013 to May 30, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established on the basis of the Act on the Establishment, etc. of the Korea Student Aid Foundation and performing duties, such as the creation, operation, and management of the National Scholarship Fund, and student loans.

The defendant is a school juristic person operating a wall university in the city of Kim Jong.

B. The Plaintiff operates the two types of national scholarships that the university grants subsidies in connection with its own efforts, such as reduction of tuition fees or expansion of scholarships, so that the university may participate in the relaxation of the burden of tuition fees.

Around December 2011, the Defendant submitted to the Plaintiff a national scholarship-type self-help plan stating that “The Plaintiff shall expand KRW 2,557,386,00 as a scholarship in 2012 at a wall university” to the Plaintiff.

On March 2012, the Plaintiff entered into an agreement with the Defendant on the grant of national scholarships for the reduction of the grant of registration fees (hereinafter “instant agreement”) and paid the Defendant KRW 194,560,000 (hereinafter “instant grant”) according to the type of national scholarships II.

C. Unlike the initial self-help plan, the Defendant appropriated only KRW 1,024,366,00 as the scholarship in 2012.

Accordingly, on August 17, 2012, the Plaintiff notified the Defendant of the fact that the Plaintiff would return the full amount of the instant subsidy received from the Plaintiff on the ground of the non-performance of its own effort plan.

Although the defendant raised an objection, the plaintiff sent a written result of the examination that notified that the objection was rejected on October 29, 2013 to the defendant. D.

Meanwhile, while entering into the instant agreement, the Plaintiff and the Defendant must submit the university’s self-help plan to the Plaintiff, and implement its own efforts corresponding to the amount of national scholarship Class II.

(Article 2(3). If the Defendant fails to faithfully implement its own effort plan, the Plaintiff may take measures to return the subsidy (Article 4(1)(b)), and the Defendant may raise an objection against the Plaintiff’s measures to return.

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