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(영문) 대전고등법원 2016.12.14 2016누10914
수산물가공시설사업보조금반환명령취소
Text

1. Revocation of a judgment of the first instance;

2. On July 2, 2014, the Defendant filed against the Plaintiff on July 2, 2012.

Reasons

1. Details of the disposition;

A. On September 6, 2010, the Plaintiff was a fisheries partnership established pursuant to Article 16(2) of the former Act on Fostering and Supporting Agricultural and Fisheries Enterprises (amended by Act No. 12961, Jan. 6, 2015) for the purpose of manufacturing and processing fish fish, etc., and at the time of the Plaintiff’s establishment, the Plaintiff was comprised of B, C, D, E, and F5 persons.

B. The Defendant promoted the metropolitan regional development special account project in 2012 to install fishery products mountainous district processing facilities, etc., and was delegated by the Cheongnam Do Governor on January 9, 2012 with the execution of the national highways fisheries project (including fishery products mountainous district processing facility support projects).

C. On March 22, 2011, the Plaintiff filed an application with the Defendant for a project to foster the fishery product processing industry (fishery products processing facilities) in 2012 with the purport that “the Plaintiff shall grant subsidies to the Defendant in constructing a new fishery product processing facility consisting of 1 freezing warehouse, 1 processing factory, 2 operation plant, 1 operation plant, 1 operation plant, 1 operation plant, and 1 subsidiary facilities on the land outside the G of Asia-si, Asan-si, and the Defendant was notified that the Defendant was determined as a subsidy recipient on March 9, 2012.”

On November 21, 2012, pursuant to Articles 17 through 19 of the Subsidy Management Act, and Articles 6 through 8 of the former Ordinance on the Management of ASEAN-si Subsidies (amended by Ordinance No. 1243, Aug. 18, 2014; hereinafter the same shall apply), the Defendant notified the Plaintiff of the decision to grant a subsidy of KRW 800,00 (40,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000).

Non-paid amount paid on January 15, 2013, KRW 391,00,00 for the State expenses of KRW 391,010,000 for the State expenses of KRW 117,303,00 for the City expenses of KRW 273,707,000 for the second time on June 26, 2013, KRW 3rd time on June 286, 2013, KRW 17,263,000 for the third time on November 29, 2013; KRW 4 once on February 24, 2014, KRW 10,257,00 for the total of KRW 782,00,000 for the State expenses of KRW 782,00 for the State expenses of KRW 200 for the Republic of Korea.

E. The Ministry of Security and Public Administration shall start from April 7, 2014 to April 30, 2014.

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