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(영문) 서울중앙지방법원 2016.04.14 2015가단41280

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 41,547,165 to the Defendant (Counterclaim Plaintiff) and its amount from September 4, 2014 to August 4, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company that mainly engages in the production of broadcasting program and the development of broadcasting items, and the Defendant is a corporation established for the purpose of researching policies and systems for promoting cultural industries, surveying, and planning in accordance with the Framework Act on the Promotion of Cultural Industries.

B. On July 5, 2013, the Defendant publicly announced the “Stotopy Creation Capacity Support Project” and the Plaintiff was selected as the supervising agency by submitting a plan for the implementation of the project, and the Plaintiff and the Defendant entered into an agreement on the support project for the strengthening of Stotopy Creation Capacity (hereinafter “instant agreement”) on September 9, 2013, and the Plaintiff entered into a performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. with the Defendant as the insured regarding the return of the agreed subsidy under the instant agreement.

C. The main contents of the instant agreement and the relevant provisions applicable to the instant agreement are as follows.

(Main contents of the instant agreement): The management rules used in this agreement by the Defendant, the supervising agency: KRW 100,000,000; KRW 35,200,000; and the total project cost: KRW 135,20,000 shall include the following:

1. The management of subsidies from non-governmental organizations to the Ministry of Culture, Sports and Tourism;

2. Rules for the management of content support projects;

3. The objectives and details of support tasks under Article 3, such as agreements on content support projects, implementation guidelines, etc., shall be the same as implementation plans;

Article 5 (Management and Use of Project Costs) (1) A major institution shall manage project costs by establishing a separate account and use them within the scope of the implementation plan.

(2) Matters concerning execution shall comply with guidelines for the operation of the system for managing subsidized project expense cards.

(3) A major institution shall submit the results of use of project funds to a specialized institution within one month after the expiration of the term of the agreement, except in extenuating circumstances.

(4) A major institution shall not recognize the balance of project costs and the balance of settlement.