1. The plaintiff's claim is dismissed.

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

Details of the disposition

Article 10(3) of the former Aggregate Extraction Act (amended by Act No. 11794, May 22, 2013; hereinafter “former Aggregate Extraction Act”) and Article 2-3 of the former Enforcement Rule of the Aggregate Extraction Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 54, Dec. 30, 2013; hereinafter “former Enforcement Rule of the Aggregate Extraction Act”) were enacted on August 16, 2012.

According to the instant implementation guidelines, the subject of restructuring is a person, etc. who intends to discontinue the relevant business among the registered companies of underwater aggregate extraction business at the time of the public announcement date of B implementation plan (in this case, March 5, 2010; hereinafter “base date”) (Article 2); the scope of support is dredging lines under the standards for the registration of aggregate extraction business; equipment purchase, such as sorting machines; and equipment purchase subsidies, closure subsidies, etc. (Article 3); and the Defendant is the subject of restructuring support.

(1) Article 4(1) of the Act provides that a person who operates a underwater aggregate extraction business cannot operate an aggregate extraction business as “B” on November 2, 2012, and the Defendant applied for a restructuring subsidy in accordance with the instant implementation guidelines. The Defendant paid 13,696,00 won (i.e., the result of deliberation as of January 31, 2013) according to the review conducted on May 7, 2013 (i.e., the period of deliberation as of January 31, 2013) (i., the period of KRW 46,138,000) and the total amount of KRW 120,000,000 (hereinafter “instant restructuring subsidy”).

On June 30, 2015, the Board of Audit and Inspection with respect to the defendant on June 30, 2015, the plaintiff is a registration number E and two construction machinery register of F dredging lines to the defendant.