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(영문) 전주지방법원 2020.06.02 2019가단31254
손해배상(기)
Text

1. As to KRW 33,913,00 and KRW 17,000 among them, the Defendant shall pay to the Plaintiff KRW 16,913,00 from August 1, 2019 to KRW 16,913,00.

Reasons

1. Facts of recognition;

A. A. On August 1, 2010, C, the representative director of the Defendant Company, was selected as the supervising agency of the D business promoted by the Small and Medium Business Administration and entered into an agreement on projects for technological innovation of small and medium enterprises with the Small and Medium Business Administration. From August 1, 2010 to July 31, 201, it received a total of KRW 1199 million from the Small and Medium Business Administration to the Defendant Company’s account as government contributions. As such, C, who exercises overall control over the Defendant Company’s business, such as the execution of funds, uses the government contributions received for a limited purpose by item of the business plan stipulated in the above agreement, and is not allowed to use them for any other purpose. However, even if the government contributions received as above, the Small and Medium Business Administration received a false tax invoice from the trading company while submitting them to the Small and Medium Business Administration as if they were used for the purpose stipulated in the above agreement, and received a set-off of KRW 300,000,000 from the victims.

B. After February 13, 2019, the Defendant Company agreed that “17 million won shall be repaid until July 31, 2019, and KRW 16,913,00 shall be paid up until January 31, 2020, and if the repayment date is delayed at one time, additional sanctions may be taken in accordance with the relevant guidelines, and in some cases, the payment shall be made in accordance with the appropriation of performance under the Civil Act.”

C. However, the defendant does not comply with the above agreement at all.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Determination: Ga. Ga.

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