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(영문) 서울중앙지방법원 2016.01.13 2015가합545116

환수금

Text

1. The Defendant: (a) KRW 268,00,000 for the Plaintiff and KRW 20% per annum from June 23, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

. Facts of recognition.

A. The Plaintiff is a special corporation established pursuant to Article 39 of the Industrial Technology Innovation Promotion Act with the aim of contributing to the enhancement of industrial competitiveness through innovation in industrial technology and national innovation capacity by performing projects such as planning, evaluation, management, etc. for the development of industrial technology. The Defendant is a company established for the purpose of research and development of medicines, cosmetics, health assistive foods and feed, manufacturing, and sales business, etc.

B. Around October 2011, the Plaintiff and the Defendant entered into an agreement with the Defendant on the following terms: (a) around October 201, the Plaintiff entered into an agreement on the project for technological innovation of knowledge and economy / [C] (hereinafter “instant agreement”).

) * General task: D (hereinafter “instant task”).

)* The total period of technological development of the general task: the period of the phase agreement between December 1, 2008 and September 30, 2013 (58 months): October 1, 2011 to September 30, 2012 (12 months): the subject of the agreement: the head of the exclusive institution (hereinafter referred to as “A”), the Plaintiff of the exclusive institution (hereinafter referred to as “the exclusive institution”); the Defendant of the exclusive institution in charge (hereinafter referred to as “B”), the Defendant of the exclusive institution (hereinafter referred to as “A”), the participating institution, the Defendant, and the Seoul University Industry Cooperation Foundation (hereinafter referred to as “Council”), the goals and details of the technological development projects under this Convention (hereinafter referred to as “project plan”).

(1) The Parties involved in the development of technology under this Convention shall carry out faithfully the development of technology under Article 1 with good faith, as adjusted and supervised by the general manager, in accordance with this Convention, the Enforcement Decree of the Industrial Technology Innovation Promotion Act, the operating guidelines, the management guidelines, the Integrated Guidelines for the Collection and Use of Technology Fees, the Guidelines for Calculation, Management and Use of Project Funds, the Guidelines for Settlement of Accounts, and the Regulations on Follow-Up Management, etc.