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(영문) 전주지방법원 2017.06.29 2016구합2318
보조금 교부결정 취소처분 취소 등
Text

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 Plaintiff is a corporation whose purpose is to manufacture grain.

B. Around August 1, 2007, the Gunsan-si decided to recommend early the management entity subject to the project, which is the Ministry of Agriculture and Forestry, to prepare for the selection of the Ministry of Agriculture and Forestry at the time of the excellent brand promotion project.

On October 5, 2007, the Plaintiff submitted to Jeollabuk-do an application for the “B brand promotion project” in 2008 (hereinafter “instant project”) with the project cost of KRW 2.16 million, which was determined as the project cost of the Dosan-si, and on January 2, 2008, Jeollabuk-do notified the Gunsan-si of the instant project as a project eligible for subsidies.

On May 6, 2008, the Plaintiff submitted a business plan for the instant project to the Gunsan-si, and on October 2, 2008, the Gunsan-si determined that the Plaintiff was a total of KRW 2 billion project cost ( KRW 800,000,000,000,000,000,000,000,000,000 won, and KRW 80,000,000,000,000,000 (hereinafter “instant decision to grant subsidies”).

C. Meanwhile, in order to be selected as a subsidized project operator, the subsidized project operator must have the ability to bear the excess of the subsidies out of the total construction cost, and in order for the subsidized project operator to actually receive the subsidies after the completion of the project, the portion of the subsidized project should be executed first. The Plaintiff did not have the ability to bear

Accordingly, the representative C of the plaintiff is "D (hereinafter referred to as "D") to pretend his/her own ability to bear the expenses.

Upon the request of the representative director, E received KRW 80 million from the bank account in the name of the plaintiff, and immediately transfer the above KRW 800 million to the agricultural bank account in the name of the plaintiff, and then form the appearance that the above amount would have been transferred to the bank account in the name of the plaintiff and paid it again.

Next, around April 27, 2009, the Plaintiff submitted to D a certificate of details of passbook transactions stating that the Plaintiff deposited KRW 800 million with D and sought a subsidy of KRW 1.2 billion.

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