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(영문) 창원지방법원거창지원 2019.04.18 2018가합10335
손해배상(국)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is a company that aims at the distribution, processing, sales, liquor manufacturing, sales, etc. of agricultural products.

around December 2011, the corporation B applied for the public invitation procedure for the local industry promotion project (hereinafter “C business”) under the supervision of the Ministry for Food, Agriculture, Forestry and Fisheries, and the above business was selected as the business subject to support.

B. On November 28, 2013, the companies participating in the instant project, such as the Association, D Co., Ltd., the Plaintiff, and E Co., Ltd., established the F Co., Ltd. “F Co., Ltd.” (hereinafter “the instant project team”) in order to implement the instant project, including the execution of project costs and the selection of project recipients.

On May 12, 2015, G Co., Ltd. made a report to the effect that “the Plaintiff has manufactured and sold fake I.”

On May 14, 2015, the instant project team held an emergency meeting to order the Plaintiff to be removed from the instant project team. On May 20, 2015, the Operating Committee of the instant project team decided on whether to remove the Plaintiff according to the result of the measures taken by the Ministry of Food and Drug Safety, etc., and decided to suspend the Plaintiff’s support from May 25, 2015 to the date of confirmation of the result of the measures taken.

On June 8, 2015, the Defendant: (a) investigated five inferior K cases including the Plaintiff’s investigation into the Improper KJ distribution breadth case; (b) conducted an investigation into whether the instant case is a inferior L; (c) provided that the instant case had a serious damage to the K image through a nationwide report, and thus, distributed the reported data to the effect that no more tolerance is available.

The project cost of this case is KRW 1.5 billion, local expense of KRW 60 million, and KRW 3.0 billion, which is the sum of KRW 1.5 billion, among which the project cost of this case is KRW 1.5 billion (i.e., KRW 410 billion, local expense of KRW 1.09 billion, KRW 400,000,000,000), including the operation of the project team and strengthening of its capabilities, and the remainder of KRW 1.5 billion (i.e., KRW 410,000,000,000, KRW 190,000,000,000,000) is allocated as capital support, respectively.

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