협약해지 무효확인 등
1. We dismiss the part of the instant lawsuit seeking confirmation of invalidity of the termination of a project agreement for supporting clinical trials in 2015.
2...
1. Facts of recognition;
A. On July 21, 2015, the Plaintiff entered into an agreement with the Defendant for supporting clinical trials with the following content (hereinafter “instant agreement”).
The title of the task: B Convention Period: from July 20, 2015 to December 31, 2016, project costs: 100,000,000 (project costs of KRW 75,00,000, enterprise contributions of KRW 25,000,000) ① After entering into an agreement, the Defendant shall pay the Plaintiff subsidies of KRW 70,470,000 to the project cost management account (hereinafter “project cost account in the name of the Plaintiff”) within ten days.
However, it may be changed according to the defendant's budgetary condition.
② In addition, prior to the conclusion of an agreement, the Plaintiff must deposit the company contributions into the project cost account and submit the guarantee insurance policy for the implementation of the project smoothly.
Article 4 (Management of Project Costs and Use of Settlement Card) (1) In principle, the plaintiff shall execute the project cost within the project cost account, and it is impossible to change the account.
(2) Project costs shall, in principle, be used within the period of agreement, except for the amount which is completed by a disbursement officer during the period of agreement.
(3) Expenditure for project costs may be made only by account transfer and account deposit for project costs from the project cost account, and any other disbursement shall be non-recognized.
④ The right to use the Foundation’s subsidy that the Defendant paid to the Plaintiff is not transferred to the Plaintiff at the time of receiving the subsidy, but is deemed to retain the Plaintiff only until the obligations stipulated in the instant agreement, etc. are completed.
Article 5 (Management and Preservation of Evidence of Project Costs) (1) In principle, project costs shall be executed by using electronic tax invoices (excluding simplified tax invoices) or receipts for cash account exclusive for project costs, the business registration number of which is verified.
(2) Project costs shall be managed to ensure that the amount of expenditure and the details of passbooks are consistent.
(3) Support for clinical trials shall be conducted in the original project cost settlement document.