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(영문) 서울행정법원 2016.09.30 2015구합79222
보조금 반환처분 취소의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Korea Energy Corporation (former name “Korea Energy Corporation”; hereinafter “Korea Energy Corporation”) is a public institution established pursuant to Article 45 of the Energy Use Rationalization Act that carries out projects such as rationalization of the energy utilization, the development and distribution of new and renewable energy, and the financing and support for collective energy supply projects.

In addition, the new and renewable energy center is an affiliated institution established in the Korea Energy Corporation in order to promote the use and distribution of new and renewable energy professionally and efficiently pursuant to Article 31 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy

B. The Korea Energy Corporation, from around 2009 to around 2020, installs new and renewable energy sources, such as solar energy, solar energy, underground heat, small wind power, fuel cell, etc., with a view to spreading 1 million units of new and renewable energy from around 2009 to around 202, is promoting “E business (the change of name from around 2014 to the F business “the change of name”).

In order to improve the efficient execution of subsidies and the quality of construction each year, the Korea Energy Corporation shall select a “participating public enterprise” based on construction performance, corporate credit rating, technical personnel status, post-management capabilities, etc. and then shall grant the State subsidies to the owner of the house when the “participating public enterprise” concludes a contract for construction of new and renewable energy facilities and executes construction of new and renewable energy facilities.

C. The Plaintiffs were paid subsidies from the Defendant (hereinafter “instant subsidies”) by designating them as public enterprises in the event of participating in the geothermal heating System of “E business” and applying for the National Treasury subsidies as follows.

Plaintiff

A Co., Ltd. (hereinafter “Plaintiff A”) from April 2012.

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