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(영문) 광주지방법원 2018.08.29 2018가단510159
부당이득금
Text

1. The Defendant’s KRW 70,56,958 with respect to the Plaintiff and KRW 5% per annum from December 8, 2017 to August 29, 2018.

Reasons

1. Basic facts

A. The plaintiff is the former representative director of the corporation B, and is the former representative of the "C Federation" organized by 20 traditional liquor manufacturers (hereinafter the "Federation of this case").

B. Around May 2013, the instant federation concluded the Agreement on Support for Small and Medium Food Enterprise Cooperation (hereinafter “Agreement”) with the Defendant to provide the instant federation with subsidies of KRW 300,000,000,000,000, out of KRW 600,000,000, out of total project cost of KRW 500,000,000.

C. On May 28, 2013, the Plaintiff concluded a guarantee insurance contract to guarantee the return of the agreed subsidy pursuant to the instant business with the Defendant, the insurance amount of 300 million won, and the insurance period from May 20, 2013 to May 19, 2014 with the non-party Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as Seoul Guarantee Insurance Co., Ltd.).

On January 5, 2015, the Gangwon-do Provincial Police Agency sent the Plaintiff to the Youngcheon District Prosecutors' Office on the charge of acquiring subsidies for the instant project by means of the indictment. On January 7, 2015, the Defendant notified the Federation of this case that the instant agreement was cancelled on the ground of the fraudulent receipt of subsidies.

Seoul Guarantee Insurance paid 298,437,000 won to the defendant on April 10, 2015.

E. On November 1, 2016, the Plaintiff was sentenced to one year of imprisonment for a violation of the Act on Fraudulent and Subsidy Management (Seoul Central District Court Decision 2016Da542), and on February 15, 2017, the Plaintiff was sentenced to two years of a suspended sentence of one-year imprisonment at an appellate court (Seoul Central District Court Decision 2016No4593), and was sentenced to two years of a suspended sentence of one-year imprisonment for a violation of the Act on Fraudulent and Subsidy Management (Seoul Central District Court Decision 2016No4593), and appealed on May 23, 2017, the Plaintiff filed a final appeal with the Defendant on May 23, 2017.

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