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(영문) 전주지방법원 2015.12.23 2014구합2192
보조금교부결정 일부취소 처분취소
Text

1. All of the actions of Plaintiffs B, C, D, E, F, and G shall be dismissed.

2. On May 30, 2014, the Defendant against Plaintiff A agricultural partnership.

Reasons

Details of the disposition

On January 22, 2010, residents residing in I located in the Jeonbuk-gun, Jeonbuk-gun, submitted a written application for the J Development Project (hereinafter “instant project”) to the Defendant. On March 2, 2010, the Defendant selected I as the subject of the instant project.

In order to efficiently promote the instant project, I residents established the Plaintiff A Agricultural Cooperative Corporation (hereinafter “Plaintiff Corporation”) with the residents of the village as the main axis on December 28, 2011.

On June 27, 2012, the Defendant notified the Plaintiff corporation of the decision to grant subsidies in order to promote the instant project as follows:

Plaintiff

The representative of a legal entity shall be able to complete the project early by complying with the terms and conditions of the granting of subsidies, based on the full progress of the project.

The name of the project: The subsidiary project operator of the K Development Project: L - Representative: L - Address: The amount of the subsidy granted in KRW 5,919,038,000: the amount of the subsidy granted in KRW 2,93,00,000; the terms and conditions of the subsidy granted in KRW 2,93,00.

1.This subsidy shall be used exclusively for the project in question.

2. A subsidy program operator shall obtain prior approval when the contents of the subsidy program are modified.

c. 4. Upon completion of the execution of this subsidy, a statement of accounts shall be submitted in accordance with the provisions of Article 27 of the Act on the Budgeting and Management of Subsidies and Article 13 of the Ordinance on the Management of Subsidies of Associate-gun, and the balance shall be returned at the time of the occurrence of the balance.

5.Neither use nor transfer or exchange subsidies after completion of the Project for purposes inconsistent with the purpose of the grant of the subsidy without the approval of the executor of the subsidy, and, if any, return the subsidy at the time of the breach.

6. The excess of the project cost must be executed in person.

b. On May 30, 2014, the Defendant: (a) for the Plaintiff’s legal entity, KRW 3,403,209,510 out of the amount of subsidies paid for the following reasons.

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