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(영문) 대전지방법원 2016.04.20 2015구합730
수산물가공시설사업보조금반환명령취소
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. On September 6, 2010, the Plaintiff was a fisheries partnership established pursuant to Article 16(2) of the former Act on Fostering and Supporting Agricultural and Fisheries Enterprises (Amended by Act No. 12961, Jan. 6, 2015); and the members of the Plaintiff were five persons, including B, C, D, E, F, etc. at the time of the Plaintiff’s establishment.

B. The Defendant promoted the metropolitan regional development special account project in 2012 to install fishery products mountainous district processing facilities, etc., and was delegated by the Cheongnam Do Governor on January 9, 2012 with the execution of the national highways fisheries project (including fishery products mountainous district processing facility support projects).

C. On March 22, 2011, the Plaintiff filed an application with the Defendant for fostering fishery products processing facilities in 2012 with the purport that “a request is made to support the construction of green-product processing facilities comprising one freezing warehouse, two processing factories, one processing plant, one dong, one soil digging facility, one appurtenant facility, and one incidental facility on the land outside the G of Asia-si and six parcels,” and received notification from the Defendant that the Defendant became final and conclusive as a subsidy support project recipient on March 9, 2012.

On November 21, 2012, pursuant to Articles 17 through 19 of the Subsidy Management Act, and Articles 6 through 8 of the former Ordinance on the Management of ASEAN-si Subsidies (amended by Ordinance No. 1243, Aug. 18, 2014; hereinafter the same shall apply), the Defendant notified the Plaintiff of the decision to grant subsidies of KRW 800,00 (40,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000) as indicated below.

Non-paid amount paid on January 15, 2013, KRW 391,00,00 for the State expenses of KRW 391,010,000 for the State expenses of KRW 117,303,00 for the City expenses of KRW 273,707,000 for the second time on June 26, 2013, KRW 3rd time on June 286, 2013, KRW 17,263,000 for the third time on November 29, 2013; KRW 4 once on February 24, 2014, KRW 10,257,00 for the total of KRW 782,00,000 for the State expenses of KRW 782,00 for the State expenses of KRW 200 for the Republic of Korea.

E. The Defendant on July 2, 2014, and the Plaintiff on July 2, 2012.

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