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(영문) 서울고등법원 2012.11.1.선고 2012누10897 판결

참여제한처분취소

Cases

2012Nu10897 Revocation of Disposition Restrictions on Participation

Plaintiff Appellant

1. A stock company;

2. B

Defendant Elives

Minister of Land, Transport

The first instance judgment

Seoul Administrative Court Decision 2011Guhap29113 decided March 22, 2012

Conclusion of Pleadings

September 27, 2012

Imposition of Judgment

November 2012, 1.

Text

1. All appeals filed by the plaintiffs are dismissed. 2. The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The disposition that the defendant restricted the participation in national research and development projects conducted by the plaintiffs on July 20, 201 for three years shall be revoked.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of the court's explanation on this case is that it is difficult to define the upper limit of the first agreement and the total period of research and development from February 8, 2010 to September 30, 201, the term of the first agreement is from February 8, 2010 to September 30, 201. The plaintiffs are not allowed to use the same portion of the research and development funds for the purpose of 7 years from February 8, 2010 to September 30, 201. The plaintiffs are not allowed to use the same portion of the research and development funds for the purpose of 7 years from September 40, 201. The plaintiffs are not allowed to use the funds for 19 years from February 8, 201 to September 30, 200.

2. Conclusion

Therefore, the plaintiffs' claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and all appeals of the plaintiffs are dismissed. It is so decided as per Disposition.

Judges

The presiding judge and the assistant judge;

Judges Park Jong-tae

Judges Kim Jae-han