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(영문) 대전지방법원 2016.06.22 2015구합100562
국고보조금 취소결정 등 취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation established pursuant to the Chamber of Commerce and Industry Act and established and operated the C Center (hereinafter “instant C Center”) which performs the business of providing B general civil petition counseling, B comprehensive consulting, B education, and cooperation with local related agencies. The Defendants have paid the Plaintiff the full amount of personnel expenses of the head of the C Center and its employees.

B. On October 2, 2014, the Commissioner of the Korean Intellectual Property Office decided to revoke the decision to grant subsidies to the Plaintiff for KRW 363,557,910, among KRW 412,419,29,290, on the ground that “In addition to the duties of the instant Center to D, E, and F from March 2009 to June 2, 2013, the Plaintiff violated the provisions of the G Center (hereinafter “instant G Center”), but applied for subsidies including personnel expenses of the said employees, and received the said employee’s personnel expenses by unlawful means.” Defendant Jeollabuk-do’s branch decided to revoke the decision to grant subsidies for KRW 412,419,910, among KRW 412,419,29,290, on the same ground as the Plaintiff on October 7, 2014.

C. On October 14, 2014, the Plaintiff filed an objection against each of the above dispositions with the Defendants, and the Defendant Commissioner of the Korean Intellectual Property Office, on December 10, 2014, decided to revoke subsidies equivalent to 50% of personnel expenses for D, E, and F, 95% of personnel expenses for E, and 100% of personnel expenses for F, in consideration of the portion of the contribution to the instant C Center, reduced the amount of the decision to revoke the decision to grant subsidies to the Defendants to return the reduced amount to KRW 25,169,784, and ordered to return the reduced amount to the Defendants. The Defendant Jeollabuk-do branch reduced the amount of the decision to revoke the decision to grant subsidies on December 8, 2014 to KRW 42,816,777, and ordered to return the reduced amount.

In the case below, the "decision to revoke each subsidy reduced and the order to return each subsidy" is "disposition of this case."

(ii)(based on recognition.).

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