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(영문) 서울남부지방법원 2016.04.07 2015가합107534

지원금 반환 청구

Text

1. The Defendant’s KRW 163,983,200 as well as 5% per annum from June 26, 2015 to April 7, 2016 to the Plaintiff.

Reasons

Basic Facts

The relevant Plaintiff is a foundation established pursuant to the North Korean Refugees Protection and Settlement Support Act to support the social settlement, etc. of North Korean defectors. Nonparty B Co., Ltd. (hereinafter “B”) was selected as “C” on June 17, 2011 and was provided with rent, etc. from the Plaintiff. The Defendant is a corporation that received the aforementioned cost, etc. from the Plaintiff after comprehensively taking over the business of B on September 30, 2012.

In order to create jobs and stabilize the employment of North Korean defectors, the Plaintiff entered into a support agreement and paid subsidies between the Plaintiff and B, and selected 11 corporations, B, etc. as a support institution through an examination, while carrying out the “support project for the establishment of a social enterprise consortium in North Korean defectors (hereinafter “instant support project”).

On July 18, 2011, the Plaintiff entered into an agreement with a North Korean refugee establishment support institution (Evidence No. 3, hereinafter “instant support agreement”) with respect to the support of the costs of lease and facility leasing with B, as follows:

Article 1 (Purpose) The purpose of this Agreement is to prescribe all necessary matters to efficiently implement the "Support for the Establishment of North Korean Refugees" between the Plaintiff and B.

Article 4 (Period of Support) (1) The period of support for social enterprise support projects for North Korean defectors B shall begin from the date of the agreement.

Subsidies for lease, facility leasing, etc. shall be subsidized, and the period of subsidization shall be determined as follows:

1. Lease costs (building, site, etc.): Two years, and the total period of support shall not exceed five years;

2. Equipment leasing expenses (equipment, machinery, vehicles, etc.): Two years, and the total period of support shall not exceed five years.

Monthly rent shall be subsidized within budgetary limits after the construction of facilities is completed and the monthly employment of residents escaping from North Korea has been made, and the monthly rent shall be subsidized within 50% of the average rent for support in 2012 (1.1~12.31).

Article 6. Residents escaping from North Korea