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(영문) 서울행정법원 2020.11.26 2020구합51785

지원금환수처분 무효확인

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The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

On June 27, 2018, the Plaintiff entered into an agreement on content support projects (hereinafter “instant agreement”) with the business name “B” from the Korea Creative Content Agency to receive subsidies (indirect subsidies) 139,500,000 won from June 27, 2018 to May 31, 2019 and develop the VR Game associated with cartoon “C” (hereinafter “instant game”).

The Convention contains the following contents:

The term "management regulations, etc." used in this Convention by the parties to the Convention (dedicated agency) (dedicated agency) the Korea Creative Content Agency (dedicated agency) (Indirect Assistant Agency) and the Plaintiff 2 (Management Regulations, etc.) includes the following:

1. The Act on the Management of Subsidies (hereinafter “Subsidy Act”) and the Enforcement Decree of the Act on the Management of Subsidies from the Ministry of Strategy and Finance; 2. Guidelines for the Management of State Subsidies of the Ministry of Strategy and Finance; 3. Rules on the Management of Content Support Projects (hereinafter “Management Rules”); 4. Article 5 (Evaluation of Management, Use and Tasks of Project Funds), including Development-Related Guidelines and Standards, etc. prescribed by the dedicated agency.

(7) An agency vested with exclusive responsibility shall conduct evaluation of outcomes based on the development outcomes and the final report submitted by the relevant major institution or participating institution after the end of the project period.

(8) Where the result of an interim or result evaluation is "unsuccessful", the agency vested with exclusive responsibility may notify the relevant major institution or participating institution of the result thereof in accordance with the management regulations, and take disciplinary measures, such as cancellation of an agreement and redemption

Article 6 (Report and Settlement of Records) (3) A major institution or a participating institution shall account designated by the exclusive institution within 30 days from the date it is notified of all eligible amounts, such as the balance of the execution of subsidies and the balance of settlement of accounts (including the amount unrecognized and interest) of project funds