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(영문) 광주지방법원 2020.08.11 2019가단535346
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an incorporated foundation established for the promotion of design, a specialization project for local design, support for corporate design development, joint research and development of designs, etc., and the Defendant is a corporation incorporated for the purpose of interior design, design, self-production and sale, and art product development.

B. On July 30, 2015, the Plaintiff publicly announced additional recruitment of participating enterprises related to C business (hereinafter “instant business”). Of the details of the public announcement, the scope of support includes: (i) 10 companies (only 1 companies can apply for two sectors, but only 1 companies); (ii) lighting products (LED technology utilization lighting equipment); (iii) support amount is within a maximum of 56 million won per company (including their own burden); and (iv) details of the business, scale, project cost, and project period of the instant business include details that may be adjusted according to the Plaintiff’s circumstances, the main institution.

C. The Defendant was selected as a business entity eligible for support for the instant project. Accordingly, the Plaintiff and the Defendant entered into a business agreement related to the instant project (hereinafter “instant business agreement”) on September 8, 2015, and the main contents thereof are as stated in the attached agreement.

However, on April 21, 2017, the Gwangju Metropolitan City Mayor, who is the management supervision authority of the Plaintiff, conducted a comprehensive audit against the Plaintiff, stating that “The instant project, even though it was publicly announced as the maximum amount of KRW 56 million per company, was paid KRW 102,136,750 to the two design development cases of the Defendant,” and demanded that “the Plaintiff take measures to recover the remainder of KRW 46,136,750, excluding the said amount already paid to the Defendant, 56,000,000, which was publicly announced as above.”

E. Around April 24, 2019, the Plaintiff notified the Defendant that “as a result of the comprehensive audit, 46,136,750 won was returned until May 31, 2019, the Plaintiff implemented the measures according to the results of the comprehensive audit.”

[Ground of recognition] dispute.

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