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(영문) 부산지방법원 2019.02.13 2017가합50696
손해배상(기)
Text

1. The Defendants jointly share KRW 528,133,272 with the Plaintiff, and the period from September 12, 2013 to February 13, 2019.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party to the instant implementation guidelines for the restructuring of aggregate extraction business following the implementation of the fourth River Slaughter Business, published by the Ministry of Land, Transport and Maritime Affairs No. 2012-515 (hereinafter “instant implementation guidelines”).

(2) As a result, Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) is a corporation with the purpose of collecting and selling aggregate, etc., and Defendant B was the representative director of the Defendant Co., Ltd. and auditor at the time of the payment of the support fund for restructuring of aggregate extraction business (hereinafter referred to as the “instant support fund”) in accordance with the instant implementation guidelines, which is the representative director and the actual supervisor of the Defendant Co., Ltd.

B. (1) Defendant B paid the instant subsidy to the Plaintiff on November 2, 2012, with the dredging line (hereinafter “instant dredging line”) in the name of the Defendant Company (hereinafter “instant dredging line”).

(2) On January 31, 2013, the Defendant Company, upon deliberation by the Committee for Deliberation on the Restructuring of Aggregate Business (hereinafter “the Committee”), decided as eligible for the amount of the subsidies for restructuring (hereinafter “instant decision”). The instant subsidies determined by the Committee are KRW 588,907,320 [the instant subsidies + KRW 468,907,320 [the instant dredging vessels 418,381,660” (hereinafter “the instant dredging vessels”) and the instant dredging vessels 50,525,60,60].

3) On September 6, 2013, Defendant Company filed a claim with the Plaintiff for the payment of KRW 588,907,320 of the instant subsidy, and received the said money on September 12, 2013. (C) Article 2 of the instant Guidelines for Implementation (the type of business eligible for support under this Guidelines) of the instant Guidelines for the Restructuring of Aggregate Picking Business.

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