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(영문) 창원지방법원거창지원 2020.12.03 2019가합10264
매매대금반환
Text

The defendant's KRW 47,00,000 for the plaintiff and 5% per annum from April 26, 2019 to December 3, 2020.

Reasons

Basic Facts

A. On March 8, 2018, as part of the “C Modernization Project,” which is a subsidy granted by the State (the central government agency in charge) from the State (the Ministry for Food, Agriculture, Forestry and Fisheries), the Minister of Agriculture, Forestry and Fisheries decided to grant subsidies of KRW 43,108,00 (hereinafter “instant subsidies”) in total at the rates of 20%, 9%, 21%, and 43,108,000 (hereinafter “instant subsidies”).

The following contents are attached to the notice of decision to grant the subsidy of this case.

[General Matters] The subsidized project operator (including the indirectly subsidized project operator) shall faithfully perform the subsidized project in accordance with the Subsidy Management Act, other accounting-related Acts and subordinate statutes, and the terms and conditions of the subsidy.

Subsidies shall not be used for any purpose other than the project cost for the installation of high quality facilities for the subsidized project.

[When a subsidized project is implemented] The subsidized project operator shall obtain the approval of the head of Si/Gun in the following cases:

When the details of a subsidy program are changed due to the circumstances of a subsidy program operator or the distribution of expenses for the subsidy program is changed.

(c) Where they intend to transfer, exchange, lend, or provide as security important property acquired with subsidies or whose utility has increased;

2. If it is found that there is a violation of all the provisions related to subsidies, or if the subsidized project operator uses the subsidy for another purpose or violates the purpose of the subsidy grant, the contents or terms of the subsidy program and the relevant legislation, a corrective or field investigation may be conducted, and the subsidy for the portion whose decision to grant the subsidy has been revoked may be ordered to return to the Gun.

[When a subsidized project is settled]

3. Profits accrued from the implementation of a subsidy program shall comply with the purposes of the subsidy program concerned;

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