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(영문) 광주고등법원 2018.12.20 2018누4778
감사 결과 처분 요구 처분 취소 등
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Gwangju Design Center as an incorporated foundation (hereinafter “Design Center”) was established as a contribution to Gwangju Metropolitan City, etc. in accordance with the Gwangju Metropolitan City Ordinance on the Establishment and Operation of the Gwangju Metropolitan City Incorporated Design Center to foster the regional design industry.

B. Around June 25, 2015, the Design Center applied to the Defendant for a subsidy of KRW 575 million for a local excellent design product development project (hereinafter “instant project”) pursuant to the Gwangju Metropolitan City Ordinance on the Management of Local Subsidies.

Around June 29, 2015, the Defendant entered into an agreement on consignment with the Design Center and the period of business from July 1, 2015 to December 31, 2015, and KRW 575 million (subsidies).

(hereinafter “instant consignment agreement”). The Defendant paid KRW 575 million to the Design Center in accordance with the instant consignment agreement.

C. Around July 2015, the Design Center publicly announced the invitation of companies participating in the instant project.

According to the above public announcement, the scale of support was 10 companies (for each two sectors, only one product per company, and only one product per company), and the amount of support was within a maximum of 56 million won per company.

On August 5, 2015, the Plaintiff filed an application with the Design Center for participation in one of the DNA food services A, but the Design Center decided to support two food services business items of A, and entered into a design development agreement with the Plaintiff on September 8, 2015, setting the agreed amount as KRW 12.50,000,000,000 for the agreed amount (business subsidies) until November 30, 2015 from the date of the agreement with the Plaintiff on September 8, 2015.

(hereinafter “instant agreement”). The Design Center paid KRW 102,136,750 to the Plaintiff in accordance with the instant agreement.

E. From February 14, 2017 to February 23, 2017, the Defendant is a “Design Center” on the ground that the design center conducted a comprehensive audit of the design center from February 14, 2017 to February 23, 2017, and paid subsidies excessively to the Plaintiff differently from the publication.

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