에너지신산업사업화지원사업 참여제한 및 지원금환수 처분 취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Details of the disposition
The plaintiff is a corporation with the purpose of the business related to the development of electric and electronic technology, the business of manufacturing and selling electronic control devices, the business of new recycling energy, the business of smartphone, etc., and C is a person who actually operates the plaintiff corporation, and the defendant is a responsible agency in charge of planning, selection, management, examination, and report of the B support business (the Ministry of Trade, Industry and Energy announced D; hereinafter "the business in this case") in 2016.
On July 1, 2016, the Plaintiff was selected from the Defendant as a person in the J sector among the instant projects, and entered into the Support Project Convention with the Defendant on July 1, 2016 (hereinafter “instant Convention”). The name of the project is “E”, the project period is from July 1, 2016 to December 31, 2016, and the project cost is KRW 113 million in total (the government subsidies are KRW 90 million).
On July 14, 2016, the Plaintiff received the first subsidy of KRW 45 million from the Defendant under the instant agreement. On March 6, 2017, the Defendant sent to the Plaintiff an official document stating that “the termination of the instant agreement and the recovery of subsidies” (hereinafter “instant disposition”). The instant agreement is terminated, and the disposition of restricting the Plaintiff’s participation in the instant project for five years and recovering the subsidy of KRW 45 million, and the disposition of restricting the Plaintiff’s participation and recovering the subsidy of KRW 20,000,000,000,000 from the Defendant.”
3. In addition, I add that if the subsidy is not returned without any justifiable reason, legal measures such as debt collection may be taken.
- - Sound
(a) Project name: F;
(b) A person in charge of execution: Article 20 (Termination of Agreements): (1) The head of the agency in exclusive charge may terminate the agreement where the relevant major institution falls under any of the following cases:
1. Selection of projects eligible for support and government subsidies by fraudulent or other unlawful means;