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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s status is an agricultural partnership established for the purpose of improving agricultural productivity and increasing the income of its members.
B. Around 2010, the Defendant selected a subsidized business operator and granted subsidies to the Plaintiff as a subsidized business operator of the livestock excreta disposal business ( liquid manure storage business) in 2010 (hereinafter “instant business”) with the following table for the promotion of natural circulation agriculture by converting livestock excreta into manure into resources, etc.
On November 23, 2010, 201, 1,000 tons/one (5), total of the national expenses for the payment date of subsidies (5), 1,000 tons/one (5), 25,000 42,500 68,500,500 68,500/1 (2), 34,2000 10,23,800 23,800 23,800, 27,200,2091,800 on January 28, 2011, the Defendant made an application to the Defendant for a defect that the Defendant completed the business by designating the Defendant as a construction company of liquid manure (hereinafter referred to as “gender”) and then granted the Defendant a total of the subsidies to the Defendant as follows:
C. On October 2, 2014, the Defendant issued a disposition to recover the total amount of KRW 91,80,000,000, which the Plaintiff received pursuant to Article 17 of the former Ordinance on the Management of Subsidies (amended by Presidential Decree No. 2332, Jan. 1, 2015; hereinafter referred to as the “former Ordinance on the Subsidy”) to the Plaintiff on the ground that “the Plaintiff received the subsidy to be borne by the Plaintiff out of the total project cost of the instant project in a fraudulent manner by payment of the gender to the Plaintiff in lieu of the total project cost of the instant project” (hereinafter referred to as “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, 2-2, Eul evidence 1-4, the purport of the whole pleadings
2. The plaintiff's assertion and relevant laws.