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(영문) 부산고등법원(창원) 2017.07.12 2016누11172

채무부존재확인

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. The Defendant’s status as the parties shall be 50% of the total project cost and 50% of the remainder shall be subsidized as the Do expenses, when the Defendant’s support program for art instructors in the field of A, which was 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. A project to support art instructors in the field of A in 2012 (1) The Defendant is a project to support art instructors in the field of A in 2012 (hereinafter referred to as “project in 2012”) around February 2012 to select and dispatch the Plaintiff to a school, conduct theoretical and practical education, etc.

(2) On March 6, 2012, the Plaintiff designated an operating organization as an operating organization. (2) On March 6, 2012, the Plaintiff established a detailed plan for the 2012 project and submitted an application for subsidies to the Defendant. The Defendant submitted an application for subsidies to the Ministry of Culture, Sports and Tourism. On March 7, 2012, the Minister of Culture, Sports and Tourism notified the Defendant that subsidies should be granted according to the Plaintiff’s project detailed plan.

3) On March 13, 2012, the Defendant decided to grant the Plaintiff KRW 903,260,00 with the business subsidy in March 13, 2012. The Defendant paid the full amount of the above subsidies over three times on March 13, 2012, and October 24, 2012. (4) On October 29, 2013, the Defendant confirmed that the Plaintiff’s settlement inspection on the Plaintiff’s projects in 2012 was conducted with the subsidy in KRW 903,260,000, KRW 28,016,000 with the interest subsidy in KRW 875,24,000, KRW 2086, KRW 3088, KRW 2086, KRW 2086, KRW 3008, KRW 2086, KRW 3008, KRW 2086, KRW 2008, KRW 3008, KRW 2008, KRW 2086,20008.

C. 1 Defendant for a program for supporting art instructors in the field of A in 2013 shall also be the Plaintiff on January 2013.