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(영문) 창원지방법원 2016.11.10 2016가단100204
보조금반환
Text

1. The counterclaim claim is dismissed.

2. Of the costs of lawsuit, the costs of counterclaim shall be borne by the counterclaim.

Reasons

1. Facts of recognition;

A. The counterclaim Defendant is an organization organized by merchants, etc. in the B market at Changwon-si for the purpose of revitalization of the market. The counterclaim is a person who has engaged in the goods delivery business for merchants in the B market from November 201 to December 2014.

B. In the Changwon-si, when a counter-defendant selected as a subsidized business operator operates the delivery helper business as part of the traditional market slaughter, he/she decided to grant subsidies to a certain portion of the personnel expenses. The Small Enterprise and Market Promotion Corporation, as part of the traditional market suicide, intended to grant subsidies to a counter-defendant selected as a subsidized business operator when he/she employs delivery personnel and call center personnel.

C. A counterclaim Defendant was selected as a subsidized project operator of the delivery helpers of the above Changwon city, and submitted a list of delivery personnel from October 201 to December 2013, and received subsidies by applying for the payment of subsidies.

Counterclaim Defendant also was selected as a subsidized business operator of the Small Enterprise and Market Service and received subsidies by submitting a list of delivery personnel and call center personnel from August 2013 to December 2014. D.

C was granted subsidies in the name of personnel expenses of the counter-resident in Chang-si by stating the false content that the Plaintiff and the counter-resident agreed to pay KRW 1,086,80 per month to the head of the management office of the counter-resident, while in charge of the application and management of the above subsidies.

E. The Changwon-si notified the revocation of part of the decision to grant on the ground that the said subsidy was used for any other purpose.

F. C was indicted for violating the Act on Fraud and Subsidy Management as above and suspended on December 23, 2015 at the Changwon District Court.

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