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(영문) 대구지방법원 2015.06.17 2015구합20352
보조금반환
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. A. On February 2009, the Plaintiff: (a) designated the Defendant as a fishery product processing facility business entity; (b) granted the Defendant subsidies of KRW 793,208,400 in total as indicated below (hereinafter “instant subsidies”); and (c) granted the Defendant subsidies of KRW 793,208,40 in total as indicated below.

In 240,00,000,000,0000 168,000,000 480,000,000 482,000,000 on or around March 20, 2012, 13,770,773,870 32,139,030,039,039,000 91,825,825,800 on or around December 21, 2009, 42,539,70,70,000,000 facilities installation expenses of facilities around March 21, 2009; 42,539,70,000,70,70,700,7610,77,777,79,790,070,000,000,000,000,0363646,6406,678406,6406,67

B. The Defendant, using the instant subsidy, newly constructed a two-story factory and a single-story factory (hereinafter “instant factory and site”) in the reduction 171-2 and 172 of the so-called Manpo-si, Simpo-si, Simpo-si, Simpo-si, the Defendant owned by the Defendant, on July 7, 2009, installed a retaining wall around the instant factory, and installed a wastewater pipe and a water tank around March 2013, and around May 2013, 2013.

C. On March 15, 2012, the Defendant took out a loan of operating funds for the instant project from the Si-si Fisheries Cooperatives, and concluded a joint collateral with the maximum debt amount of KRW 416,00,000 on the instant factory and site. However, on July 5, 2014, the voluntary auction procedure was initiated regarding the instant factory and site on the ground that it was impossible to repay the loan.

The instant factory was closed on August 5, 2014, and its operation was discontinued. D.

On October 14, 2014, the Mayor of the racing market is under Article 17 of the former Ordinance on the Management of Subsidies for Gyeongbuk-do (amended by Ordinance No. 3588, Dec. 29, 2014; hereinafter referred to as the "Ordinance on Gyeong-do") and Article 17 of the former Ordinance on the Management of Subsidies for Gyeongbuk-do (Ordinance No. 1009, Dec. 29, 2014).

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