연구개발비 정산처분 취소청구
1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are all dismissed.
2. After filing an appeal.
1. Basic facts
A. The Plaintiff is a corporation established pursuant to the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act (hereinafter “Industrial Education-Academia-Research Cooperation Act”) and the Seoul National University Regulations, which carries out the conclusion and implementation of industry-academia-research cooperation agreements and related accounting management of the Seoul National University, which is an industrial educational institution under the Industrial
The defendant is a public corporation established under the Ministry of Oceans and Fisheries in accordance with the Framework Act on Marine Fishery Development for planning, evaluation, etc. of marine science and technology research and development projects, which is designated by the Minister of Oceans and Fisheries under Article 11 (4) of the Framework Act on Marine Science and Technology, and
B. On April 5, 2013, the Plaintiff entered into an agreement with the Defendant on January 1, 2013 to December 31, 2013 during the relevant year with the term of the agreement (hereinafter “instant agreement”) and entered into the research and development agreement on national land and maritime technology research and development projects (hereinafter “instant agreement”). The agreement provides that “where the Plaintiff fails to prove the amount used for research and development expenses, the amount equivalent to the share of government contributions out of the relevant amount should be returned to the account designated by the Defendant.”
(Article 4(5)1(c) of the Convention.
On November 19, 2014, pursuant to the instant agreement, the Defendant directed the Plaintiff to return to the Defendant the interest accrued after the termination of the research period, KRW 159,283,941, which was recognized as the unfair execution research and development expenses subject to settlement as a result of the settlement of research and development expenses.
On December 2, 2014, the Plaintiff filed an objection against the result of the above settlement with the Defendant. On December 26, 2014, the Defendant deemed that the portion of KRW 600,000, out of the above objection, was proven, and accepted the objection. The remainder is KRW 158,683,941, as the Plaintiff did not accept the objection, and the amended portion is 158,683,941.