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(영문) 수원지방법원 2015.11.11 2015구합61130

에너지이용합리화자금 환수처분 취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are those engaged in the metal heat processing industry.

B. The defendant shall be a government-invested special corporation established to efficiently promote the energy utilization rationalization project.

C. In accordance with the “Financial Support Guidelines for Energy Utilization Rationalization Projects” established by the Ministry of Trade, Industry and Energy (hereinafter “instant Guidelines”), the Defendant runs a business of lending funds from the government to related enterprises at a low interest rate as follows:

1) The method of indirect loan that the Defendant lends funds to a financial institution and then the financial institution recommends the lending business entity to the financial institution, and the financial institution directly lends funds to the business entity recommended by the Defendant.

D. On October 23, 2012, Plaintiff C filed an application for recommendation of the Energy Use Rationalization Fund with a project to install energy-saving heat treatment routes to each Defendant on February 3, 2014, Plaintiff B, and May 18, 2012.

E. The Defendant selected the Plaintiffs as persons eligible for financial support and recommended each financial institution that concluded a loan agreement with the Defendant for the rationalization of energy utilization (hereinafter collectively referred to as “each financial institution”) as persons eligible for financial support as follows.

1) Recommendation to the Industrial Bank of Korea on November 19, 2012, Plaintiff 2) Plaintiff A on February 25, 2014, recommended to the Bank of Korea on February 25, 2014, Plaintiff B B, 3, and Gyeongnam Bank on June 21, 2012

F. Upon the Defendant’s recommendation, the Plaintiffs received financial support by means of indirect loans that enter into a loan contract with each of the pertinent financial institutions (hereinafter “each of the instant loan contracts”). (The Plaintiffs are 629,000,000 won, Plaintiff A:726,000,000 won, Plaintiff B:374,000,000 won, and each of the above loans is established at the request of the Plaintiffs at each of the above places of business (hereinafter “each of the instant loan contracts”).