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(영문) 수원지방법원 2019.11.06 2018나82298

구상금

Text

1. All appeals by the Defendants against the Plaintiff are dismissed.

2. The costs of lawsuit after the appeal are filed by the Defendants.

Reasons

1. Basic facts

A. The Plaintiff’s Intervenor and Defendant C Co., Ltd.’s Intervenor 1) were established to contribute to the development of science and technology through research and excavation of science and technology and policies pursuant to Article 12 of the Gyeonggi-do Ordinance on the Promotion of Science and Technology. The Incorporated Foundation E was dissolved on January 6, 2017, and the Plaintiff’s Intervenor succeeded to the legal relationship of the Incorporated Foundation E in accordance with Article 2 of the Addenda to the Gyeonggi-do Ordinance on the Consolidation and Operation of Institutions ( September 29, 2016). The Plaintiff’s Intervenor succeeded to the legal relationship of the Incorporated Foundation E on October 23, 2014 (hereinafter “Defendant Company”).

2) The technology development project agreement between the Plaintiff and the Plaintiff (hereinafter referred to as the “instant project”) and the instant agreement containing the following contents:

A) The title of the task: A system for displaying the escape direction and providing the emergency escape route on the cell phone or the cell phone screen in the event of a disaster (fire) (hereinafter “instant task”).

() Development period: From October 1, 2014 to September 30, 2015, the major institution exclusively in charge of the Defendant Company: Article 11 (Observance of Convention, Regulations, etc. and Sanctions)(2) of the Intervenor joining the Plaintiff: Where the Plaintiff’s Intervenor, etc. violates all the provisions of Article 2 or the instant agreement, and where the Plaintiff’s Intervenor, etc., such as the Defendant Company, has suspended or failed due to the nonperformance of task performance, etc., the Plaintiff’s Intervenor shall include the projects conducted by other institutions, such as the State, etc.) in accordance with Article 38 of the Gyeonggi-do Guidelines for

(1) The Do Governor may impose sanctions or take measures to recover subsidies in accordance with the criteria of [Attachment 1] set forth in Article 38 (Regulatory and Recovery of Subsidies), or take other civil or criminal measures, etc. against the institution in charge, etc., depending on the causes attributable to him/her, in the following cases:

4. Where a decision is made as a suspension or failure as a result of an interim evaluation or a final evaluation conducted in accordance with Articles 26 and 27, [Attachment I] sanctions and roads.