채무부존재확인
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 478,00,000 to the Defendant (Counterclaim Plaintiff) and its related amount, from September 13, 2014 to May 1, 2015.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Ulsan International Industrial Complex Corporation under the Defendant’s control (hereinafter “the project team”) concluded an agreement on the task called “C business” with the Plaintiff (hereinafter “instant task”) three times between September 1, 2007 and April 30, 201 (hereinafter “instant agreement”).
B. According to the instant agreement, ① the project team shall pay to the Plaintiff the Government contributions of KRW 658,00,000 in total as project expenses for the first year (from September 1, 2007 to August 31, 2008), KRW 80,000 in the second year (from September 1, 2008 to August 31, 2009), KRW 135,000 in the second year (from November 1, 2009 to April 30, 201), and KRW 443,00,00 in the third year (from November 1, 2009 to April 30, 200), and ② the project expenses received by the Plaintiff shall be considered as project expenses; ② the operation guidelines for energy and distribution projects for resources circulation (hereinafter referred to as “operation guidelines”) and the operation guidelines of the Convention shall be implemented in accordance with the Enforcement Decree of the Convention, and the provisions of Article 1 of the said Act shall be managed by the Plaintiff and the Defendant (hereinafter referred to the foregoing Act).
§ 12(c).
The operating guidelines and management guidelines, and the summary of the part related to this case in the Ministry of Knowledge Economy No. 2008-240 shall be as follows.
The head of the managing agency (referring to the plaintiff) under Article 33 of the Operational Guidelines shall separate government contributions from funds for other purposes from funds for other purposes and establish a separate passbook and account, and use and manage them with due care of a good manager.
Project costs shall, in principle, be used only for expenses incurred in performing activities which incur expenditures within the project period.
Article 43 The head of the major institution shall undertake project costs used during the term of agreement.