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(영문) 부산지방법원 2020.02.06 2019구합836
보조금교부결정환수처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by B (C).

Reasons

Details of the disposition

The incorporated association D is a corporation established on January 15, 2010 for the purpose of conducting surveys, research, and policy development projects for the promotion of E tourist leisure and cultural activities. The plaintiff is the D Busan Association, an incorporated association with the location of "F buildings and Gho-gu, Busan Metropolitan City," and B is the head of the plaintiff's association elected by the incorporated association D.

From July 22, 2016 to August 4, 2016, the Defendant recruited an executing institution of the E Tourism Revitalization Support Project (hereinafter “instant project”), and on September 5, 2016, selected the Plaintiff as an executing institution of the instant project.

The Defendant granted the Plaintiff KRW 400,000,000, totaling KRW 150,000,000 on September 27, 2016, and KRW 50,000 on December 5, 2016, ③ December 16, 2016, and ④ December 100,000 on December 29, 2016.

On January 24, 2017, the Defendant confirmed the defective evidence of the instant project execution and notified the Plaintiff of the temporary suspension of the instant project.

On April 19, 2017, the Defendant rendered a disposition to recover the principal amount of KRW 101,261,560 (= interest of KRW 100,815,000, KRW 446,560) to the Plaintiff on the ground that the Plaintiff used the subsidy for the instant project for any other purpose as indicated in the following table:

(1) On October 11, 2016, October 31, 2016, 2016, 200, 200, 30,000, 40,000, 10,000, 10,000, 10,000, 10,000, 20,000, 10,000, 20,00,000, 10,00, 10,00, 20, 10,00, 10,00, 20, 10,00, 20, 10,00, 20, 10,00, 20, 3,0,0,00, 0,00, 10,0,000, 20,00,00,06,00,00,06,00,06,06,00.

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