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(영문) 대전지방법원 2017.01.13 2016가단3666
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From December 1, 2008, the Plaintiff started to work for Defendant B (hereinafter “Defendant Company”) companies with the aim of establishing the business of manufacturing electricity, electronic parts, etc.

B. At the time of the above membership, the Plaintiff determined the Plaintiff’s salary of KRW 2.5 million per month (annual salary of KRW 30 million) between D and D, the representative of the Defendant Company, at the time of the above membership.

C. On January 2009, the Plaintiff and D applied for participation in the above Support Project on the ground that the Korea Industrial Technology Promotion Association, a corporation, (hereinafter “Korea Industrial Technology Promotion Association”) had employed high-quality researchers in science and technology in an unemployment or actual position, and the small and medium venture business, “the instant Support Project” (hereinafter “instant Support Project”), which was implemented to support part of the personnel expenses, was employed by the small and medium venture business, on the ground that the Defendant Company had employed the Plaintiff who had worked as researchers in the past large enterprises and retired from office in the annual salary of KRW 44 million.

The Defendant Company was selected as a recipient of the instant support project in 2009 and received 19.2 million won out of the annual salary of 44 million won from March 2009 to February 2010 (1.6 million won per month) as government subsidies.

E. Since then, Defendant Company was selected as a person eligible for each of the instant support projects in 2010 and 2011, and received as government subsidies the sum of KRW 15.6 million out of the Plaintiff’s personnel expenses of KRW 4.4 million from March 2010 to February 2011 (one hundred and thirty million per month), and KRW 13.2 million out of the Plaintiff’s personnel expenses of KRW 4.4 million from March 201 to February 2012 (one million per month).

F. From April 2009 to January 201, 2012, Defendant Company added the government subsidies and the Defendant Company’s share to the Plaintiff and deposited the amount of KRW 3.4 million per month as wages. The Plaintiff deposited some of the monthly wages received from the Defendant Company from July 24, 2009 to March 26, 2012 in the deposit account in the name of Defendant C, which is the wife of D, over several times.

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