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(영문) 대전지방법원 2016.11.03 2016구합102787
보조금회수 처분 취소 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

B Co., Ltd. (hereinafter referred to as "foreign corporation") was established on June 22, 2005 for the purpose of running medicinal manufacturing business, manufacturing and selling processed agricultural products, low temperature storage warehouse business, etc.

As the primary representative director of the non-party company, C, directors D, and E were appointed, and the plaintiff was appointed as the representative director of the non-party company on August 16, 2006 and resigned on March 31, 2009.

On January 27, 2006, the defendant notified the non-party company of the decision to grant subsidies of KRW 300 million for new construction of factories and machinery and equipment, and presented the following matters as a condition of granting subsidies:

Terms of Delivery

1. An agricultural product distribution and processing facility support project shall be executed in accordance with a project plan (a design and a quotation) submitted by your company, and subsidies shall be paid after completion of the project;

2. If the amount of subsidy is reduced by the standard supply quantity or standard project cost (60 million won) as a result of settlement of accounts, the subsidy shall be reduced.

3. The subsidized project shall be carried out in good faith in accordance with the purpose of the subsidy and the terms and conditions of the subsidized project, and this subsidy shall not be used for any other purpose.

4. Approval from the Mayor shall be obtained when a subsidy program is to be transferred, suspended or discontinued due to changes in circumstances after the decision to grant the subsidy is changed;

5. If the Mayor considers it necessary for the implementation of a subsidy program, he may order the implementation or rectification of the subsidy program.

6. When a subsidized project operator uses a subsidy for any other purpose or violates the details or conditions of the subsidized project or any relevant statute, the Mayor may cancel all or part of the decision to grant the subsidy and order the return of the subsidy for that portion.

7. Other matters not listed shall be governed by the provisions of the Act on the Budgeting and Management of Subsidies and the Seodaemun-si Subsidies Management Ordinance.

The non-party company has received subsidies from the defendant.

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