beta
Text
1. The defendant shall pay 84,659,880 won to the plaintiff and 20% per annum from August 1, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legal entity that runs the business of manufacturing and selling food, and the Defendant was a person who served from February 13, 2008 to November 22, 2010 as the Plaintiff’s representative director.
B. The Defendant, while serving as the Plaintiff’s representative director, was temporarily suspended from business even though it did not temporarily suspend his/her business, has falsely prepared and submitted a plan for employment maintenance measures (suspension of business) to the Central Local Employment Agency, and received KRW 24,360,000 for 21 employees, including August 3, 2009 and received KRW 19,040,000 for employment maintenance support payment for 17 employees, including C, etc. on January 1, 2010, and KRW 18,120,000 for 17 employees, including C, etc. on February 10, 2010, and received KRW 38,00 for employment maintenance support payment, around March 10, 201; ③ around August 3, 2010; and ③ around August 3, 2010, KRW 38,588,208; and
C. After that, on April 18, 2012, the Administrator of the Gwangju Regional Labor Administration rendered a decision to additionally collect KRW 84,659,880 from the Plaintiff according to Article 35(2) of the Employment Insurance Act and Article 78(1)1 of the Enforcement Rule of the Employment Insurance Act.
Accordingly, by November 27, 2013, the Plaintiff paid KRW 84,659,880 to the Republic of Korea the refund for maintaining employment and the additional collection amounting to KRW 84,659,880.
E. Meanwhile, around March 21, 2013, the Defendant filed a summary order of KRW 10,000 on account of the fact that the employment maintenance support payment was illegally received, and received a summary order of KRW 10,00,000. The said summary order became final and conclusive around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-1 through 4, Gap evidence 3-1 through 7, Eul evidence 1, and the purport of whole pleadings
2. Determination;