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(영문) 대전지방법원 2019.03.28 2018구합100006

정부출연금환수 및 중소기업기술개발 지원사업 참여제한처분 취소

Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiffs' preliminary claims are dismissed.

3...

Reasons

1. Details of the disposition;

A. The Korea Evaluation Institute of Industrial Technology and the Plaintiff Company’s small and medium enterprise technology development agreement 1) Plaintiff A (hereinafter “Plaintiff Company”).

The purpose of the business is to distribute radioisotopes, develop medical appliances, manufacture, and distribute, etc. The Plaintiff B is the representative director of the Plaintiff Company, and the Plaintiff C is the researcher of the Plaintiff Company. The Defendant is the former Act on the Promotion of the Innovation of Small and Medium Enterprises (Amended by Act No. 14683, Mar. 21, 2017).

c. The technological innovation of small and medium enterprises (hereinafter “former Act”)

(1) Article 29(1) of the former Act on the Innovation of Small and Medium Enterprises and the Enforcement Decree of the former Act on the Innovation of Small and Medium Enterprises (amended by Presidential Decree No. 25043, Dec. 30, 2013) shall apply to the head of an institution specialized in technological promotion designated by

(a) The same shall apply;

(2) On July 2, 2010, the Plaintiff Company was selected as a candidate for support of technological innovation development projects for small and medium enterprises (including phase 1 technology development and phase 2 product development; hereinafter “instant project”) in 2010 by the Administrator of the Small and Medium Business Administration with respect to D (hereinafter “instant task”). On November 30, 2010, the Korea Evaluation Institute of Industrial Technology, a specialized institution for the instant project, and the Plaintiff Company entered into an agreement on technological innovation projects for small and medium enterprises (hereinafter “stage 1 agreement”) with the head of the Korea Evaluation Institute of Industrial Technology, a specialized institution for the instant project, to receive KRW 598,000,000 from November 1, 201 to October 31, 2012 with respect to the instant task.

3 On November 2, 2012, Plaintiff Company submitted a stage report of the instant task to the Administrator of the Small and Medium Business Administration in accordance with the Stage 1 Convention.

On December 10, 2012, the Director General of the Korea Industrial Technology Evaluation and Management Institute shall provide the Plaintiff Company with the first stage of technology development - stage of technology development, and the second stage of technology development.