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(영문) 대전지방법원 2018.08.08 2016가단224388

손해배상 청구의 소

Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On March 209, the Plaintiff received a notice from the Defendant of the selection of facilities for older persons and applied for a subsidy to strengthen the functions of welfare facilities for older persons (hereinafter referred to as the “instant project”) (hereinafter referred to as the “instant subsidy”) and received a decision to grant national expenses and Do subsidies (hereinafter referred to as the “instant subsidy”) on two occasions on November 3, 2009 and February 8, 2010.

The instant project is a new construction of a sanatorium for the elderly in the Chungcheongnam-Gun B (which was the first place, but was changed on July 12, 2010) in Chungcheongnam-gun, Chungcheongnam-do (which was the same as the above changed on July 12, 2010), and consists of KRW 1,292,452,452,000 for the national expenses, KRW 646,226,00 for the Do expenses, KRW 646,226,00 for the Do expenses, KRW 646,226,00 for the Gun expenses, and KRW 200,000 for the self-paid expenses.

On May 9, 2011, the Plaintiff applied for permission to construct a sanatorium to the Defendant on December 12, 201.

After that, on August 1, 2011, the Plaintiff entered into a design contract for the instant new medical care center construction project with D Co., Ltd. (hereinafter “Co.”), and applied for a new medical care center construction permit again to the Defendant, and was notified of the construction permit on October 25, 201.

On October 28, 2011, the Defendant notified the Plaintiff of the grant deadline of the instant project subsidy, and decided to grant the subsidy on November 21, 201.

The project period is from November 201 to October 2012, and the subsidy is from November 1, 201 to October 201, 1,292,452,00, 646,226,00, 323,113,00, 261,791,000, 323,113,000, 2,261,791,00.

On December 22, 2011, the Plaintiff entered into a new construction contract for welfare facilities for the aged in relation to the instant business with E Co., Ltd. (former omission of the indication of “stock company”).

The contract amount was KRW 2,531, 500,000, and the construction period was from December 22, 2011 to October 21, 2012.

On December 20, 2011, the Plaintiff paid the Defendant a total of KRW 16,567,000 for expenses incurred in creating forest replacement resources due to the instant project.

On March 19, 2012, the Chungcheongnam-do Governor is ordered to return the subsidy from the Ministry of Health and Welfare because the subsidy has not been executed.