1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Incorporated Foundation C (hereinafter “C”) was established with the contribution of B, etc. under the Ordinance on the Establishment and Operation of C, a foundation, to foster the regional design industry.

B. On June 25, 2015, C applied to the Defendant for a subsidy of KRW 575 million for a local excellent design product development project (hereinafter “instant project”) in accordance with the Ordinance on the Management of Local Subsidies at City B (hereinafter “instant project”).

Around June 29, 2015, the Defendant entered into an agreement on consignment with C by stipulating that “the business period from July 1, 2015 to December 31, 2015, and KRW 575 million,” respectively.

(hereinafter “instant consignment agreement”). The Defendant paid C the project cost of KRW 575 million in accordance with the instant consignment agreement.

C. C around July 2015, published a public announcement to invite enterprises to participate in the instant project. According to the public announcement above, the scale of support was 10 companies (which is possible to apply for two sectors per enterprise, only one product per enterprise), and the amount of support was within a maximum of 56 million won per enterprise.

On August 5, 2015, the Plaintiff filed an application for participation with C in one of the DNA food services D, but C determined to support two of DNA food services, and entered into a design agreement with the Plaintiff on September 8, 2015, by stipulating that “the period of the Plaintiff’s business was 12.50,000 won from the date of the agreement, until November 30, 2015,” and “the amount of the agreement (project subsidies)” as “the amount of the agreement was 12.50,000 won.”

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

E. Meanwhile, by March 1, 2016, E, the representative director of the Plaintiff, was appointed as C Director on April 1, 2016, and C selected the Plaintiff who participated in the “F business” on July 14, 2016, and paid KRW 40,000,000 to the Plaintiff on July 22, 2016.

However, upon the request of the Future Industrial Policy Office, which is the direction and supervision department B, C is the project cost that was paid by the Plaintiff on July 28, 2016.