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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. Nonparty A management office entrusted the education of electrical and fire-fighting equipment to its employees, which is a training institution for the development of employees’ capabilities operated by Nonparty B (hereinafter “A”) and received KRW 25,059,447 from the Defendant during the period from July 9, 2010 to September 14, 2015.
B. The Defendant, in collusion with the Korea Technology Institute, issued a prior notice of disposition on March 8, 2016 regarding the illegal receipt of training expenses (hereinafter “prior notice of disposition on March 8, 2016”) on the ground that he/she paid training expenses and received false tax invoices and receipts as if he/she had completed 80% of the curriculum, in collusion with the Korea Technology Institute (hereinafter “A management office”), and issued a notice of disposition on March 28, 2016 regarding the illegal receipt of training expenses (hereinafter “prior notice of March 8, 2016”), and issued on March 28, 2016, refund and additional collection of 14,10,000,000 won for which the extinctive prescription has not arrived at 25,00,000 won, and two years for restriction on subsidization loans (hereinafter “Disposition on March 28, 2016”). The Employment Insurance Fund’s demand to pay the refund and second notice of the refund (hereinafter “the refund”).
(i) and pre-announcement of seizure (the fact that there is no dispute over the basis of recognition, each entry of Gap evidence 2 to 5 and the purport of the whole pleadings).
2. The plaintiff's assertion
A. According to the Administrative Procedures Act, the other party to the notice of notification as of March 8, 2016, is written as “A Management Office Representative D,” and the other party to the notice of notification as of March 28, 2016, as “D” (the representative of the Management Office), and the other party to the notice of notification as of July 12, 2016, as “A Management Office,” respectively.
In light of these circumstances, the other party to the instant demand disposition is the Plaintiff.