부당이득금반환결정처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 24, 2009, the Plaintiff, as a non-profit corporation specializing in performing arts, is selected as a participating organization in the business creating social jobs under the name of “B-Social Job Creation Project”, which is a non-profit corporation in the field of performing arts.
7. On June 24, 2009 to June 20, 2010, the support period between the Defendant and the Defendant entered into an agreement on support for projects creating social jobs with 40 persons eligible for support (hereinafter “instant support agreement”).
B. As a result of examining whether the instant project is properly operated, the Defendant: (a) confirmed the violation of the instant support agreement, such as preparing a false attendance book; (b) received subsidies from double employees; and (c) paid excessive subsidies to full-time employees; and (d) rendered a disposition, on January 19, 2010, such as cancelling the instant support agreement and returning KRW 4,630,460 out of the subsidies already paid to the Plaintiff as an illegal amount of payment (hereinafter “disposition”).
C. On January 26, 2010, the Plaintiff filed a lawsuit against the Defendant seeking revocation of the disposition rendered on January 19, 2010 with the Gwangju District Court 2010Guhap344 (hereinafter “main case”) and applied for suspension of the execution of the said disposition (Seoul District Court 2012 Ga12).
The Gwangju District Court rendered a ruling on February 16, 2010 that "the defendant's disposition on January 19, 2010 against the plaintiff shall suspend its effect until the judgment of the principal case between the plaintiff and the defendant is rendered."
D. D.
After the decision to suspend the validity of the instant case was made on June 23, 2010, the Defendant subsidized the Plaintiff KRW 129,377,620 in total in accordance with the instant support agreement.
After the decision to suspend the validity of the instant case, the Defendant discovered additional KRW 17,274,120, out of the amount of money provided to the Plaintiff, and returned KRW 7,932,674, out of the amount of money additionally discovered, to the Defendant.