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(영문) 대전지방법원 2016.05.26 2015구합104465
보조결정취소처분취소등 청구의 소
Text

1. On September 4, 2015, the Defendant’s decision to grant or revoke subsidies, disposition to receive subsidies, and loans against the Plaintiff.

Reasons

1. Details of the disposition;

A. Upon obtaining a license for livestock breeding business, the Plaintiff filed an application for a livestock facility modernization project (hereinafter “instant application”) with the Defendant for government subsidies and loans of KRW 388,920,000 with a plan to modernize the instant livestock shed facility on March 3, 2015, when he/she raised 10,000, a 2 house (the sum of the area 1,341 square meters; hereinafter “instant livestock shed”) in Chungcheongnam-gun budget-gun (area 621 square meters) and C (area 720 square meters).

B. In the present management status column in the application of this case, the Plaintiff stated “satis: 40,00” as “satisfine, total number of livestock raising: 40,00,” and written the detailed construction plan as “satfins facilities (fins, water supply equipment, automatic water supply equipment, ventilation equipment), livestock industry facilities (feed-in equipment, vehicle disinfection equipment, emergency power plant), electric facilities, and construction plan area as 1,341 square meters (40,000 square meters).

C. On April 15, 2015, the Defendant selected the Plaintiff as a target for livestock shed facility modernization projects, and decided that KRW 145,840,00 of the total project cost of KRW 30% out of the total project cost of KRW 486,150,00 should be subsidized by the State, KRW 243,075,00,000, which is 50% of the total project cost, shall be financed by the loan, and KRW 97,230,00,000, which is the remainder of KRW 20%.

Accordingly, on May 20, 2015, the Plaintiff entered into a standard contract for the construction of livestock pens facilities with D (representative E; hereinafter “D”) on May 20, 2015 (hereinafter “instant contract”), with the content that the total construction amount shall be KRW 486,150,000, and the commencement date of construction shall be May 30, 2015 as of May 20, 2015.

E. After completing the remodeling project according to the instant contract, the Plaintiff reported the completion of the remodeling project to the Defendant, and the Defendant evaluated the results of the remodeling project as “a stable repair (a steel frame, a board, a board, etc.) and ventilation and heating facilities among livestock pens facilities” after leaving the business site and undergoing on-site verification and settlement procedures.

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