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(영문) 제주지방법원 2017.11.15 2016구합5611
12~‘13년 조사료생산기반확충사업 보조금 교부결정 변경 및 농림사업지원제한 처분 취소
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1. The Defendant’s decision to grant subsidies to the Plaintiff on April 27, 2016 for the expansion of the foundation for the production of research fees in 12-13 years to the Plaintiff, and the change thereof.

Reasons

1. Details of the disposition;

A. (1) On February 2012, 2012, the Defendant recruited persons eligible for the project to expand the production basis of research fees (technical equipment support) in 2012. Around February 2, 2012, the Defendant submitted an application for autonomous agriculture and forestry industry with the purport that the Plaintiff purchases agricultural machinery equivalent to KRW 150 million, and the Defendant selected the Plaintiff as the person eligible for the said project on March 28, 2012.

on April 5, 2012, the Plaintiff submitted an application to the Defendant for a subsidy of KRW 150 million with the total project cost of KRW 150 million. On April 23, 2012, the Defendant decided to pay the Plaintiff KRW 75 million with the total project cost of the said project cost of KRW 150 million and the remainder of KRW 75 million with the national subsidy (mix with the national subsidy and the local subsidy; hereinafter the same shall apply).

On May 1, 2012, the Plaintiff drafted a purchase agreement with the representative C of Jeju Service Branch Co., Ltd., Ltd., and with one original beer (compreter) and one unit of 173.9 million won in total. On the following day, the Plaintiff submitted to the Defendant a written request to modify the research fee-based expansion project with the content that the total project cost is KRW 173.9 million, and the self-paid cost is KRW 98.9 million.

Accordingly, on May 4, 2012, the Defendant approved the application for change and decided to pay the subsidy of KRW 75 million.

And around that time, C and the representative director D agreed that each of the above machinery shall be purchased at the discounted price of KRW 20 million above the arm's length price, and D shall have the discounted amount returned individually.

C transferred KRW 20 million to the Agricultural Cooperative Account in the name of D on June 8, 2012, and D deposited KRW 20 million in the subsidy exclusive account in the name of the Plaintiff on the same day.

The plaintiff remitted 98.9 million won to C on the same day.

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