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(영문) 수원지방법원 2016.08.26 2016가합70266
재단채권대금 지급 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Grant of subsidies to Jeju Special Self-Governing Province 1) Ma newel Co., Ltd. (hereinafter “Mamoel”).

On September 29, 2011, Jeju Special Self-Governing Province entered into an occupancy agreement with the Jeju Special Self-Governing Province Development Center to move its head office and research institute into the Jeju Special Self-Governing Province located in Pyeongtaek-dong 2193, Jeju Special Self-Governing Province to the Jeju Special Self-Governing Province on August 16, 2012. 2) The Jeju Special Self-Governing Province requested the Plaintiff and the insured to submit a performance guarantee insurance policy to ensure the relocation of enterprises and the implementation of investments before granting subsidies in accordance with the above support decision. From August 28, 2012 to January 4, 2013, the Ma New High Self-Governing Province entered into an agreement on the implementation (payment) related to location subsidies and export-related subsidies, facility investment subsidies, and export-related additional subsidies (payment) with the Plaintiff as the Jeju Special Self-Governing Province and submitted the insurance policy to Jeju Special Self-Governing Province.

3) Accordingly, on August 31, 2012, Jeju Special Self-Governing Province paid 685,746,000 won as site subsidies and export company additional subsidies, and 2,225,152,000 won as facility investment subsidies on November 16, 2012, and 635,757,000 won as additional export company subsidies on January 9, 2013. (b) The Korea Workers' Compensation and Welfare Service decided to subsidize installation expenses of workplace child care centers on June 17, 2014.

2) The Korea Workers’ Compensation and Welfare Service shall request the Plaintiff to submit a guaranty insurance policy to secure the establishment and implementation of workplace child care centers (payment) before granting a subsidy pursuant to the above decision to grant the said subsidy, and on July 18, 2014, Ma New Elel shall be the Plaintiff and the insured as the Korea Workers’ Compensation and Welfare Service (a guarantee contract for the payment and an insurance policy shall be concluded from the Plaintiff).

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