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(영문) 대전지방법원 2016.10.27 2016구합101371
보조금회수처분취소
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 Plaintiff is a corporation that runs urban bus transportation business with its head office located in 306, the budget Eup budget of the Chungcheongnam-gun, Chungcheongnam-gun.

B. On January 14, 2014, the Plaintiff received subsidies of KRW 1,013,00,000 (hereinafter “non-profit route subsidies”) from the Defendant as the “compensation for losses for non-profit routes in 2014,” and thereafter submitted a performance report and settlement report to the Defendant that he/she used the said subsidies as personnel expenses, oil expenses, and insurance premiums.

C. From January 6, 2016 to January 15, 2016, the Defendant conducted an audit on the management and operation status of subsidies related to support for Plaintiff bus transportation business (hereinafter “audit of this case”) with the content of auditing whether the implementation of subsidies and the inspection on settlement of accounts was appropriate from 2011 to 2014 with respect to the Plaintiff. As a result, the Defendant found the fact that the Plaintiff received double subsidies by submitting the report on the performance of subsidy for non-profit bus transportation business in 2014 with the data already submitted as data on the settlement of accounts of other subsidies, and indicating that the Plaintiff used non-profit bus subsidies in 2014 under its name.

1) On the performance report of the subsidy for non-profit route in 2014, an electronic tax invoice and deposit certificate submitted at the time of receipt of the “2014 Special Finance Support” were submitted in duplicate, and stated that KRW 3,384,401 out of the subsidy for non-profit route in 2014 was used as above. 2) At the time of receipt of the “2013 Agricultural and Fishing Village bus Support” on the performance report of the subsidy for non-profit route in 2014, the “62 crew members” submitted the “2 crew members” as at the time of receipt of the “2013 Subsidies for Non-Profit route in 2013” was stated as follows: the monthly wage collection table for December 2013 and the monthly bonus collection statement and deposit statement for December 12, 2014; and that it was used as above KRW 89,517,281 out of the subsidy for non-profit route in 2014.

3. The performance report of the subsidy for non-profit routes in 2014.

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