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(영문) 울산지방법원 2015.12.10 2015구합5959

채무부존재확인등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

On March 28, 2012, the Plaintiff submitted an application for employment creation support projects and a plan for employment creation support projects to the head of the Busan Regional Employment and Labor Agency (hereinafter referred to as the “head of the Yang-si Office”) to operate the business of supplying ship parts as a corporation operating the business of supplying ship parts, etc. in Gyeyang-si B, and the head of the Yang-si Office approved the plan on April 18, 2012.

On July 9, 2012, the Plaintiff reported completion of the employment environment improvement, and applied for employment improvement support programs (employment improvement support programs) with employment improvement costs of KRW 68,200,000 on September 11, 2012. On October 10, 2012, the head of both mountainous district administrations paid subsidies of KRW 22,796,00 to the Plaintiff.

On December 12, 2013, the head of the Yang Mountainous District Administration, on the grounds that the Plaintiff received the said subsidies by deceiving the head of the Yang Mountainous District Administration as if he did not have spent KRW 68,200,00 with the cost of improving the employment environment, determined and notified the Plaintiff of the order to return all kinds of subsidies and incentives for employment security activities from December 12, 2013 to December 11, 2014, and the order to return the illegally received amount of KRW 22,796,000 and the additional collection of KRW 45,592,00 with regard to the illegally received amount of KRW 22,59,00.

(hereinafter “instant disposition”). From January 27, 2014 to July 15, 2014, the Plaintiff paid KRW 39,893,000, in total, seven times out of the sum of the amount of illegal receipt and the amount of additional collection, from January 27, 2014, to July 15, 2014.

[Grounds for recognition] A, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 5, the plaintiff's assertion to the purport of the whole pleadings, and the plaintiff's assertion to the purport of the whole pleadings, ① The instant disposition is null and void because it is not based on the notice of tax payment, or it is unlawful or unjustifiable that it has abused or abused any procedural illegality or discretionary power, and ② The plaintiff has no obligation to pay 68,388,000 won (the amount additionally collected as 22,796,000 won) to the head of both mountainous districts. Thus, there is no obligation to pay 65,592,00 won.