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(영문) 대전지방법원 2018.04.19 2016나107385

환수금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established to provide childcare and support services to prospective business starters and early business start-ups, which is an institution exclusively in charge of business start-up projects conducted by the Administrator of Small and Medium Business Administration

According to the guidelines for the operation of the customized business for start-up, the plaintiff, who is an exclusive institution, selects the institution responsible for performing the business expenses, education, administrative support, and final evaluation of the business starters, who are eligible for support for the business, and then recruits a founder and the institution responsible for supporting the business start-up.

B. In the customized commercialization support project implemented by the Plaintiff in 2013, the Defendant submitted a business plan with “B” as a business start-up task and was selected as a preliminary business proprietor eligible for support.

(hereinafter referred to as the “instant project”). The main contents of the Defendant’s business plan are as shown in the attached Form.

C. On July 1, 2013, the Plaintiff entered into a standard agreement with the Defendant, designating the Defendant as a founder and the Korea Advanced Institute of Science and Technology as the major institution in charge, and the main contents are as follows.

◈ 협 약 기 간 (창업자) 2013. 7. 1. ~ 2014. 2. 28. (주관기관) 2013. 7. 1. ~ 2014. 6. 30. ◈ 협 약 금 액 <(예비)창업자 협약금액> 총사업비 정부지원금 (예비)창업자 부담금 현금 현물 3,500만 원 2,400만 원 400만 원 700만 원 제10조(협약해약 등)

1. The plaintiff may cancel the agreement if the Korea Advanced Institute or the defendant uses the project cost for any purpose other than the criteria for the use of the project cost, or if the submitted evidential documents are found false.

10. In the event of a cause for cancellation, the Plaintiff shall hold a project operation committee to take measures, such as restricting participation in the Korea Advanced Institute or the Defendant and recovering government contributions.

Provided, That the Korea Advanced Institute and the defendant may vindicate the grounds for cancellation through an objection.