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(영문) 제주지방법원 2018.06.27 2017구합5458

교부금 반환처분 등 취소 청구

Text

1. The Defendant’s revocation and restitution of the decision to grant local subsidies of KRW 27,745,827 against the Plaintiff on June 1, 2016.

Reasons

. On February 10, 2014, with a view to enhancing the global market share of B products and contributing to the increase of income in B, such as the creation of employment in B, “C business” (hereinafter “instant business”) promoting the instant business “instant business” and publicly announcing the plan, and the main contents of the business objectives and subsidies as indicated in the foregoing notice are as follows:

- Objectives 30% or more of the annual average increase in exports of selected items and enterprises - 10% or more of the support details for direct employment creation of at least three persons upon the increase of 1,000,000 exports of job creation, such as employment of regional human resources: 10 million won per annum of the ordinary project cost / 3 years - The annual evaluation of direct project costs for research activities, training of professional human resources, consulting, overseas marketing, etc. - the target achievement rate of differential subsidy exceeding 90% but less than 70-80% but less than 60-70% of the initial plan (10 million won) - 100% of the support plan under 10% (10 million won) of the annual average increase in exports of selected items and enterprises - 70-70% (70 million won per annum of the ordinary project cost) of the project, and less than 30% of the annual evaluation of the target achievement rate in comparison with the initial plan (application) x 20% of the employment plan x 50%)

B. On March 5, 2014, the Plaintiff filed an application for the Defendant to participate in the instant project with Y as a representative export product item B, and the Defendant selected the Plaintiff as a local government-subsidized project operator on March 18, 2014, following the examination and evaluation.

C. Accordingly, on March 19, 2014, the Plaintiff applied for a subsidy of KRW 100 million to the Defendant. On March 25, 2014, the Defendant issued a decision to grant a subsidy to the Plaintiff with the following content and granted KRW 100 million as a subsidy:

hereinafter referred to as "subsidies in 2014"

Terms and conditions of 00,000,000 won or 100,000,000 won or more during the period of 1 March 1, 2014 to 31 December 31, 2014

1. A subsidy program operator shall carry out the subsidy program with due care as a good manager in accordance with the purpose of the subsidy and the details and conditions of the subsidy program, and this program;