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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.