(영문) 광주고등법원 2017.10.19 2017누14 | 리걸엔진

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(영문) 광주고등법원 2017.10.19 2017누14

부당이득금반환결정처분취소

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1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. Details of the disposition;

A. On July 21, 2009, the Plaintiff was selected as a non-profit corporation established for the purpose of planning and operation of cultural and arts performances, and entered into an agreement on the support period between the Defendant and the Defendant for the creation of social jobs (hereinafter “instant support agreement”). From June 24, 2009 to June 23, 2010, the Plaintiff entered into an agreement on support for the creation of social jobs with 40 persons eligible for support (hereinafter “instant support agreement”).

B. As a result of examining whether the instant project is properly operated, the Defendant: (a) confirmed the violation of the instant support agreement, such as preparing a false attendance book and receiving subsidies to double employees; (b) paid excessive subsidies to the full-time employees; and (c) rendered a disposition to terminate the instant support agreement and return KRW 4,630,460 out of the subsidies already paid to the Plaintiff as illegal amount (hereinafter “disposition of January 19, 2010”). (c) On January 26, 2010, the Plaintiff filed a lawsuit against the Defendant seeking cancellation of the disposition of the Gwangju District Court 2010Guhap344, Jan. 19, 2010 (hereinafter “the instant case”), and filed an application for suspension of the execution of the said disposition with the Gwangju District Court 2010 A12, Jan. 19, 2010 (hereinafter “the instant case”), and the Gwangju District Court rendered a final decision of January 19, 2016.

After the Defendant decided to suspend the validity of the instant case, until June 23, 2010, the Defendant paid the Plaintiff totaling KRW 129,377,620 according to the instant support agreement.

After the decision to suspend the validity of the instant case, the Defendant was found to have additionally discovered KRW 17,274,120 of the subsidies paid to the Plaintiff as an illegal amount, and the Plaintiff returned KRW 7,932,674 of the amount of the illegal amount additionally discovered to the Defendant.

E. The Gwangju District Court on September 16, 2010

유사 판례

-광주고등법원 2013.10.31 2013누1033

-광주지방법원 2013.05.09 2012구합3330

-광주지방법원 2011.6.30. 선고 2010구합3145 판결

-광주지방법원 2013.5.9. 선고 2012구합3330 판결

-광주고등법원 2013. 10. 31. 선고 2013누1033 판결