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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. The Gwangju Design Center as an incorporated foundation (hereinafter “Design Center”) was established pursuant to the Ordinance on the Establishment and Operation of the Gwangju Design Center as a incorporated foundation in Gwangju Metropolitan City to promote the regional design industry.
B. Around June 25, 2015, the Design Center applied for subsidies of KRW 575,00,000 to the Defendant pursuant to the Gwangju Metropolitan City Ordinance on the Management of Local Subsidies for the development of local excellent design products (hereinafter “instant project”).
Around June 29, 2015, the Defendant entered into an agreement on the entrustment of the instant project with the Design Center at KRW 575,000,000, with a project period from July 1, 2015 to December 31, 2015.
C. Around July 2015, the Design Center publicly announced the invitation of companies participating in the instant project.
According to the above public notice, the scale of support was 10 companies (for each two sectors, only one product per enterprise shall be provided), and the amount of support was within a maximum of 56,00,000 won per enterprise.
On August 2015, the Plaintiff applied to the Design Center for the participation of one of the DNA food services A, but the Design Center concluded an agreement with the Plaintiff as KRW 102,550,000 (the DNA design cost, KRW 54,500,00, KRW 40,000) with the Plaintiff around September 2015.
The Design Center paid KRW 102,136,750 to the Plaintiff in accordance with the above Convention.
E. In accordance with Article 22 of the Subsidy Management Act (hereinafter “Subsidy Act”) and Article 19 of the Gwangju Metropolitan City Ordinance on the Management of Local Subsidies, the Defendant shall take measures to recover KRW 46,136,750,000, which exceeds KRW 56,000,00, which is the amount notified by the Design Center to the Plaintiff pursuant to Article 19 of the Gwangju Metropolitan City Ordinance on the Management of Local Subsidies, by conducting a comprehensive audit of the Design Center from February 14, 2017 to February 23, 2017.