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(영문) 서울고등법원 2019.05.02 2018누69563

출연금환수 및 참여제한처분 취소

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasons alleged in the trial of the first instance are not different from that alleged by the plaintiffs in the first instance while appealed by the plaintiffs, and even if the evidence submitted in the first instance court is reviewed together with the allegations by the plaintiffs, the judgment of the first instance that dismissed all the claims of the plaintiffs is justified.

Therefore, the reasoning for this Court regarding this case is that the reasoning for the judgment of the court of first instance is the same as that for the judgment of the court of first instance, except for the part partially modified as follows. Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of

[Revision] Part of the Judgment of the first instance court in Part 2, No. 11, “Plaintiff A” (hereinafter “Plaintiff A”) shall be deemed to be “A”, “Co., Ltd. (hereinafter “A”), “Plaintiff A”, and “Plaintiff A” in Parts 8, 19, 5, 2, 3, 13, 8, and 9, respectively.

The first instance court's judgment Nos. 2, 3, 18, 21, 22, 4, 13, 14, 16, 17, 7, 10, 10, 10, 5, 10, 11, 4, 7, 5, 5, 13, 8, 15, 19, 14, 5, and 14 "Plaintiffs".

The judgment of the first instance court is based on the following: “The degree of responsibility is harsh, in light of A, the main institution in charge of the instant task, and the Plaintiff’s industry-academic cooperation foundation with respect to which the scope of responsibility is minor, was the same as A, and thus, the entire amount of the already paid project cost was recovered.”

Part 14 of the judgment of the first instance court shall be referred to as "as" in Part 13.

[Plaintiffs asserted that the development of analysis algorithm is not a business objective for the first year, but a project objective for the second year and the third year, given the nature of the instant task carried out by phases, but is completed through the second and third years. However, they claim that the instant project plan (a evidence No. 6, in particular, the content of the instant project plan, including “the first year technology development”, is a task to be carried out by A.