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(영문) 창원지방법원 2016.08.09 2015구합22279
보조금 환수처분 취소 등
Text

1. The Defendant’s recovery and recovery of the B business subsidy (33,358,490 won) on May 28, 2015 against the Plaintiff.

Reasons

1. Details of the disposition;

A. On February 5, 2010, the Plaintiff is an agricultural partnership established for the purpose of improving agricultural productivity and increasing the income of its members. (2) On February 22, 2010, the Plaintiff completed the registration of agricultural and fishery business information pursuant to Article 4 of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter “Agricultural and Fisheries Business Entities Act”).

B. On February 21, 2011, Gyeongnam-do proposed a prior review on the project feasibility of the 12-year rural resource convergence assistance project, and each Si/Gun requested the Si/Gun to submit a review on the project feasibility by March 11, 201. The Hadong-gun sent a public notice of the request for B promotion project (from 2012 to 2014 during the implementation period, from 2012 to 1.25 billion won during the project cost, from 2014 to 2014; hereinafter referred to as the “instant project”).

2) On February 28, 201, the Plaintiff submitted a plan relating to the instant business to the Defendant, and the Defendant submitted a business plan and a written review of propriety, including the Plaintiff’s farm view, to the Gyeongnam-do.

3) On February 16, 2012, the Defendant notified the Plaintiff that the instant project was determined as a subsidized project operator. 4) On February 5, 2013, the Defendant requested the Plaintiff to submit a detailed project implementation plan, as the Defendant’s budget for the support project for the Mine Special Accounting Resources Integration Industry in 2013 (i.e., KRW 50 million (i., KRW 250 million) was determined as KRW 30 million (i.e., KRW 350 million in Gun expenses of KRW 30 million in Gun expenses of KRW 70 million in Gun expenses of KRW 150 million).

5) The Plaintiff filed an application for subsidies with the Defendant while submitting an advance payment plan including civil engineering, construction, and communications expenses necessary for the process of implementing the said project. The Defendant paid KRW 245,00,000 to the Plaintiff on November 22, 2012, and KRW 89,124,490 on February 28, 2013 as subsidies. C. Defendant’s disposition 1) on January 5, 2015, the Defendant provided subsidies to the Plaintiff on January 5, 2012.

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