부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The relevant Plaintiff is a financial institution designated by the Maritime Affairs and Fisheries as an institution in charge of financing business funds from the Maritime Affairs and Fisheries in relation to “the projects for modernization of livestock pens facilities in 2012,” which was implemented by the Maritime Affairs and Fisheries, with Nonparty B, the spouse of the Plaintiff, etc. (hereinafter collectively referred to as “the Plaintiff, etc.”) and implemented other financial facility loans.
B. 1) Maritime Zone: (a) on March 2012, 2012, South-Nam-gun bears 20% of the total project cost of KRW 406,000,000 on the condition that the entrepreneur bears 20% of its own shares; and (b) “the project for modernization of livestock shed facilities in 2012” (hereinafter “instant project”).
(2) The Plaintiff, etc. filed an application with the Maritime Affairs and Fisheries, the Ministry for Food, Agriculture, Forestry and Fisheries, and the Mayor/Do governor) to grant subsidies on May 30, 2012 by selecting the Plaintiff as the business entity eligible for the support of the instant project and by selecting the Plaintiff as the business entity eligible for the support of the instant project.
Accordingly, around August 23, 2012, the Plaintiff et al. applied for the State subsidy to the Southern-gun, and received KRW 115,024,00 as the state subsidy around October 8, 2013. On September 10, 2012, the Plaintiff et al. applied for the loan of other fiscal facilities according to the instant project to the Defendant.
3) Accordingly, the Defendant concluded a loan agreement with the Plaintiff on September 19, 2012, and provided the Plaintiff with loans of KRW 93,040,000 on February 15, 2013, KRW 30,000, KRW 68,620,000 on September 16, 2013, and KRW 191,660,000 on a total amount of KRW 191,60,00 (hereinafter “instant loans”).
- Amount of loan: 203,00,000 - Date of loan commencement: September 19, 2012 - Interest rate on September 19, 202: 3% fixed interest rate: Method of repayment: 3% grace period from the date of loan commencement; 19 October 19, 2015 to the date of installment redemption every month from October 19, 2015 - Compensation for delay payment: 12 months from the date of loan commencement;