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(영문) 창원지방법원 2016.07.05 2016구합50691

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The defendant is entitled to 50% of the total project cost and the remainder 50% of the project cost are subsidized at the expense of the Do. The defendant's status as the parties is that support projects for art instructors in the field of A, which are implemented by the Ministry of Culture, Sports and Tourism in 2012 and 2013.

The plaintiff is a subsidized project operator, and the plaintiff is an indirectly subsidized project operator who received a subsidy from the defendant to support the art instructor in the field A.

B. Around February 2012, the Defendant: (a) selected the Plaintiff as an operating organization that conducts the selection and dispatch of A instructors; (b) theoretical and practical education; and (c) notified the Plaintiff of the designation of the Plaintiff on February 20, 2012 as an operating organization for the Arts Instructors Support Project in A; (b) on March 6, 2012, the Plaintiff established a detailed plan for the project in 2012 and submitted the application for the grant of subsidies to the Defendant to the Minister of Culture, Sports and Tourism; (c) the Defendant submitted the application for the grant of the said subsidies to the Minister of Culture, Sports and Tourism; and (d) on March 7, 2012, the Minister of Culture, Sports and Tourism notified the Defendant that the decision to grant subsidies should be made in accordance with the Plaintiff’s detailed project plan in 20

3) The Defendant paid the Plaintiff a total of KRW 903,260,000 on March 13, 2012 with the subsidies in 2012, May 10, 2012, and October 24, 2012. 4) the Defendant, even around January 2013, selected the Plaintiff as an operating organization that will conduct the selection, dispatch of the Plaintiff, theories, and practical training, etc., of the Plaintiff as the subsidies in 2013, following the procedures similar to the year 2012, to the Plaintiff’s subsidies in 2013, and deemed the amount to be unfairly executed for the year after the year 2012. < Amended by Presidential Decree No. 24388, Mar. 20, 2013; Presidential Decree No. 24445, Jun. 24, 2013; Presidential Decree No. 25065, Dec. 9, 2013; Presidential Decree No. 25006, Jan. 13, 2014, 200>

A. The payment was made.

C. On October 29, 2013, the Defendant revealed the following: (a) as a result of the Plaintiff’s inspection of settlement of accounts and the return of subsidies on October 29, 2013, the details of unfair use of subsidies as shown in attached Table 1 were discovered; and (b) the Plaintiff was 28,146,380 won (i.e., the amount of unfair execution).