1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant is a social enterprise established to pursue social objectives, such as the provision of jobs and services to the disadvantaged class, and certified by the Minister of Employment and Labor around December 2013.

B. On May 2014 and May 2015, the Plaintiff entered into an agreement with the Defendant to support the job creation of a social enterprise (hereinafter “Agreement”). From around that time to March 2017, the Plaintiff paid subsidies (which consists of 75% of the national expenses, 5% of the Do expenses, and 20% of the military expenses) to the Defendant for the purpose of the labor cost and the social insurance premium borne by the employees belonging to the Defendant.

Part I relating to this case in the Agreement is as follows:

Article 11 (Re-Measures) (1) "Social Participating Enterprises" (the defendant; the same shall apply hereinafter) shall, when it has received subsidies in violation of the implementation guidelines or this Agreement, refund all or part of the subsidies in accordance with the guidelines for measures taken by the implementation guidelines.

(2) The term "project execution institution" (hereinafter the same shall apply) shall not recover or pay subsidies to the relevant participating workers in any of the following cases:

1. Where he/she employs a participating worker by fraud or other improper means;

2. Where subsidies are used for other purposes (hereinafter omitted) (3) “project implementation institution” has paid subsidies to “social participating enterprises” due to the reasons in paragraphs 1 and 2, or the “social participating enterprises” has received subsidies unlawfully shall immediately issue an order of return, and the “social participating enterprises” shall immediately return them upon receipt of the order of return.

(9) Detailed guidelines for taking measures against violations of the agreement or implementation guidelines of "social participating enterprises" shall be governed by the implementation guidelines, and matters not prescribed in this agreement concerning the refund and recovery of personnel expenses and social insurance premiums shall be governed by the relevant provisions, such as "Act on the Management of Subsidies"

Article 16 (Application Mutatis Mutandis) With respect to matters not specified in this Agreement, relevant Acts and subordinate statutes, guidelines for implementation.