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(영문) 대전지방법원 2017.12.22 2016나7317
환수금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of Gap's testimony and pleading as well as Gap's 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 25, 4, and 11, 4, and 11, and 5 of Eul's witness E.

The plaintiff is a corporation established to provide support for prospective business starters and early business start-up enterprises, which is an institution in charge of business start-up customized projects conducted by the Administrator of Small and Medium Business

According to the operation guidelines for promotion projects of prospective technology starters established by the Administrator of the Small and Medium Business Administration and the operation guidelines for projects customized for start-up business start-up business, the Plaintiff, as an institution in exclusive charge, selects an institution responsible for performing duties such as project costs, education, administrative support, final evaluation, etc. of founders eligible for support for the above projects, and recruits a founder and an institution responsible for supporting business start

B. The Defendant submitted a business plan with B (hereinafter “F”) and C development as a business start-up task in the customized commercialization support project implemented by the Plaintiff in 2012, and selected as a preliminary business starters eligible for support by the Plaintiff.

(hereinafter referred to as the “instant project”). C.

On August 31, 2012, the Plaintiff: (a) made the Defendant a founder and D as the supervising agency; (b) paid the Defendant KRW 35 million out of the total project cost of KRW 50 million as government subsidies; and (c) entered into a standard agreement for the period of the agreement from August 6, 2012 to July 31, 2013.

(hereinafter “Standard Convention”). In accordance with the above Standard Convention, the Defendant received a subsidy of KRW 35 million from the Plaintiff through the supervising agency during the period of the above agreement and carried out the instant project.

D, a major institution, performed the completion evaluation on August 27, 2013 and judged the project of this case as successful.

E. The Plaintiff against the supervising agency on October 31, 2013 with respect to the said successful decision.

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