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(영문) 수원지방법원 여주지원 2018.10.11 2018가단52582
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is in the position of the trustee of the elbow culture school support program, which is a business conducted by the Ministry of Culture, Sports and Tourism and Gyeonggi-do, with a budget of 50%, and the incorporated association B, which is represented by the Plaintiff, applied for support as “C” as part of the above business and was selected as a person eligible for support in 2014. The Defendant received subsidies of KRW 21 million from the Defendant around March 2014.

B. The above subsidy received by an incorporated association B constitutes a subsidy granted by the State under Article 2 subparag. 1 of the Subsidy Management Act (hereinafter “instant subsidy”). Gyeonggi-do is a subsidized project operator under Article 2 subparag. 3 of the above Act, the Defendant is an indirectly subsidized project operator under Article 2 subparag. 6 of the above Act, and the corporate association B is a subsidy recipient under Article 2 subparag. 8 of the above Act.

A subsidy recipient shall be obligated to execute and settle the subsidy he/she has received pursuant to the provisions on the management of subsidies of the Gu non-governmental organizations, which are directives of the Ministry of Culture, Sports and Tourism, which have been enacted pursuant to the above Acts and the delegation, and shall use credit cards received for business execution or by account transfer.

C. However, in the process of implementing the instant subsidy, the Plaintiff, the representative of an association court B, was not able to use the subsidy by credit card or account transfer for business execution, and the Defendant examined evidential documents, such as receipts received from the Plaintiff, and then did not provide evidential documents under the aforementioned statutes, such as the amount spent in excess of the budget amount at the time of project selection or the amount not returned without permission to the Plaintiff, and it is impossible to confirm the disbursement details accurately due to uncertainty of the expenditure item.

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