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(영문) 의정부지방법원 2020.11.19 2020구합11232
보조금 반환 처분 취소 청구의 소
Text

All of the plaintiffs' lawsuits are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. Pursuant to Article 23-2 of the Welfare of Older Persons Act and Article 17-3 and 4 of the Enforcement Decree of the same Act, the Defendant is a non-profit foundation that is entrusted by the Minister of Health and Welfare with the operation of a central

B. In around 2017, the Minister of Health and Welfare promoted the business of supporting the establishment and operation of an elderly-friendly enterprise that directly employs a large number of elderly people in an occupation suitable for the aged to have competitiveness (hereinafter “instant business”). As to the instant business, the Minister entrusted the Defendant with the establishment of business plans, public recruitment, business review, implementation contracts, granting of subsidies, performance management and accounting settlement, termination of contracts, etc.

C. Plaintiff B (hereinafter “B”) was selected to support the public recruitment process of the instant project. On August 11, 2017, Plaintiff A Co., Ltd. (hereinafter “A”) as an elderly-friendly enterprise established the Plaintiff Company (hereinafter “A”).

On September 29, 2017, the Plaintiffs and the Defendant entered into the implementation agreement for an elderly-friendly enterprise (hereinafter “instant agreement”). The purpose of this agreement is to provide for matters necessary for the promotion of support projects among the Plaintiff A (hereinafter “A”) established pursuant to the “Agreement on the Establishment and Implementation of Response Investment for the Aged-Friendly Enterprise” entered into between the Defendant (hereinafter “A”) and the Plaintiff B (hereinafter “Selection”) and the “B” and “B”, respectively.

Article 2 (Contents of Business) “A”, “B” and “sick” shall cooperate in and implement the following projects:

Project name: A service project, such as indoor improvement and cleaning;

(b) Business details: Service projects, such as store management, cleaning, and maintenance of food machinery and equipment;

C. Project period: from September 29, 2017 to December 31, 2022

Project costs (subsidies and response investments): 425,000,000 won (Composition of subsidies) ① The total subsidies for this project shall be 250,000 won.

(2)

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