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(영문) 서울중앙지방법원 2019.06.26 2018나60054

예금반환청구

Text

1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuits, the part concerning the claim of KRW 4,824,11 shall be dismissed.

(b).

Reasons

1. Basic facts

A. The Plaintiff was a research institute established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc. (hereinafter “The Act”), and participated in a research and development project, which is the Ministry of Public Safety and Security research and development project (hereinafter “A research and development project”), from November 2, 2015 to November 1, 2017.

B. B (hereinafter “B”) is a company participating in the cooperative research and development project of this case. The Defendant is a bank established under the Industrial Bank of Korea Act and a bank established with B’s research and development project funds account (hereinafter “instant account”).

C. On November 2, 2015, the Plaintiff entered into an agreement with B for the implementation of the instant research and development project (hereinafter “instant agreement”). Of the research and development expenses allocated for the instant research and development project (hereinafter “the instant research and development expenses”), cash amounting to KRW 180,750,000 is the total amount of KRW 92,50,000 among the research and development expenses allocated for the instant research and development project (hereinafter “the instant research and development expenses”). Of them, the Plaintiff, a managing research institute, was allocated as total government contributions, and the Plaintiff, a collaborative research institute, was allocated KRW 82,50,000,000 as government contributions, and the amount of KRW 8,250,000,000 was allocated to B as government contributions.

B Prior to the implementation of the instant research and development project, the Plaintiff received KRW 5,750,00 from B to the Plaintiff’s account for research and development expenses, and deposited KRW 44,125,00 corresponding to the half of the research and development expenses allocated to B in the instant account under the name of B on January 6, 2016, and B deposited KRW 34,129,90 (including value-added tax 3,020,90) out of the first research and development expenses by March 4, 2016 in the course of performing the instant research and development project by March 4, 2016, and disbursed KRW 34,129,90 (including value-added tax 3,020,900) to the instant account on September 5, 2016.

E. However, on January 30, 2009, the Defendant determined the due date to B on January 29, 2010 and 300 million won.