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(영문) 부산고등법원 2014.11.12. 선고 2014누21448 판결
고용창출사업지원금반환등처분취소
Cases

2014Nu2148 Revocation of disposition, such as the return of subsidies for job creation projects

Plaintiff-Appellant

A

Defendant Appellant

The Commissioner of the Busan Regional Employment and Labor Office;

The first instance judgment

Busan District Court Decision 2014Guhap428 Decided June 13, 2014

Conclusion of Pleadings

October 22, 2014

Imposition of Judgment

November 12, 2014

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

On January 28, 2014, the Defendant’s disposition of returning subsidies for job creation project subsidies of KRW 22,400,000, additional collection of KRW 44,800,000, and the disposition of restricting payment for one year (from January 28, 2014 to January 27, 2015) shall be revoked.

2. Purport of appeal

The part against the defendant among the judgment of the first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

Reasons

1. Quotation of the first instance judgment

The reasoning of the judgment made by the court as to this case is the same as the reasoning of the judgment of the court of first instance, and thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. (The defendant basically repeats the same argument in the court of first instance, and even if the defendant examines the arguments and reasons partially supplemented in the court of first instance, the judgment of the court of first instance is justifiable

2. Conclusion

Thus, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.

Judges

The presiding judge, judge only

Judges and worships

Judges Gangseo-young

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