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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. In around 2012, the Defendant, upon establishing a fishery product processing facility, carried out the “projects for fostering and supporting fishery products processing and supporting the mountain products” (hereinafter “instant projects”) that were subsidized pursuant to the Subsidy Management Act (hereinafter “Subsidy Act”).
B. On March 20, 2012, after being selected as a subsidized business operator of the instant project, B, who operated the fishery product processing body of “D” in the Kimhae-si, Kim Jong-si, established the Plaintiff, whose head office is Changwon-si E, in order to newly build a manufacturing factory of the processed Kimchi product (hereinafter “instant factory”).
C. On September 18, 2012, the Defendant notified the Plaintiff that the project cost related to the new factory construction project of the instant case is KRW 1,464,00,000 (i.e., KRW 131,70,000,000,000,000,000,000,000,000,000,000,000.
However, notwithstanding the fact that the construction cost for the establishment of the instant factory was KRW 1,034,450,000, the Plaintiff applied for a false subsidy of KRW 1,464,00,000 as if the construction cost was paid. Accordingly, the Defendant made a decision to grant subsidies to pay KRW 878,00,000 (hereinafter “instant decision to grant subsidies”) around December 201 and around April 2013, and paid KRW 878,00,000 to the Plaintiff.
E. Since then, the Plaintiff was found to have filed an application for subsidies by making the construction cost of the instant factory as above, and B, the representative of the Plaintiff, was found guilty of obtaining subsidies from the Defendant, and was sentenced to a stay of execution for three years on February 2, 2017 (the Changwon District Court 2016Gohap285), which was sentenced to a stay of execution for three years (the Changwon District Court 2017No39). However, the appeal was dismissed (the Busan High Court 2017No39) and the above judgment became final and conclusive on June 22, 2017.
F. The Defendant, on November 7, 2016, shall be the Plaintiff.