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1. The Defendant’s decision to grant subsidies to the Plaintiff on November 7, 2016 and the order to revoke the decision to grant subsidies.
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Reasons
1. Details of the disposition;
A. In around 2012, the Defendant, upon establishing a fishery product processing facility, carried out the business of granting subsidies (hereinafter “instant business”) pursuant to the Subsidy Management Act (hereinafter “Subsidy Act”).
According to the contents of the instant project, approximately 60% of the construction cost is paid as subsidies and approximately 40% of the remainder is required to be paid as self-paid.
B. The Plaintiff, a company engaged in food manufacturing and selling business, etc., participated in the instant business and decided to establish a manufacturing factory of the processed Kim Processed Food (hereinafter “instant factory”).
C. However, even though the construction cost for the establishment of the instant factory is KRW 1,034,450,000, the Plaintiff applied for the grant of subsidies according to the instant project to the Defendant by falsely stating the construction cost for the establishment of the instant factory as KRW 1,464,00,000 around October 2012.
Upon the above application, the Defendant decided to grant subsidies (hereinafter “decision on grant of this case”) to pay KRW 878,00,000 for the establishment of the factory of this case, and paid all the amount to the Plaintiff.
E. Since then, it was discovered that the Plaintiff applied for a subsidy by making up the construction cost of the instant factory as above, and the Plaintiff’s representative B was sentenced to a suspended sentence of 4 years for a period of 3 years on the grounds of the fact that the Defendant acquired a subsidy of KRW 878,00,000 from the Defendant.
[Defendant-Appellee 2016Gohap285, Busan High Court (Chowon), Busan High Court (Chowon) 2017No39, Jun. 22, 2017; hereinafter “relevant judgment”). On November 7, 2016, the Defendant issued a disposition to revoke the instant decision and to order the Plaintiff to return all subsidies paid KRW 878,00,000 (hereinafter “instant disposition”) in accordance with Articles 30(1)3 and 31(1) of the Subsidy Act.
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