부당이득금징수처분취소
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
The plaintiff is a company that runs the business of manufacturing, developing and designing energy-saving systems.
The Korea Environmental Industry and Technology Institute is a public corporation established pursuant to the Korea Environmental Industry and Technology Institute Act, and is designated as a specialized institution that carries out the planning, evaluation, management, etc. of environmental technology development projects pursuant to Article 11(4) of the Framework Act on Science and Technology, Article 2 subparag. 6 of the Regulations on the Management, etc. of National Research and Development Projects, and Article 2(1)2 of the Regulations on the Management, etc. of Environmental Technology Development Projects. Under Article 31(2)1 of the former Act on Assistance to Environmental Technology and Industry (amended by Act No. 17183, Mar. 31, 2020; hereinafter “former Environmental Technology Industry Act”), the Korea Environmental Industry and Technology Institute is entrusted by
As the head of the Korea Environmental Industry and Technology Institute, the defendant shall perform duties concerning the selection, evaluation, and management of research and development tasks, payment of research and development expenses and management thereof, etc. under Article 4 (1) of the Regulations on Management of Environmental Technology Development Projects
From July 1, 2017, the Plaintiff was performing a title called “B Business”, and around March 2018, the Plaintiff entered into an agreement with the Defendant to perform the said task (hereinafter “instant agreement”).
The main contents of the instant agreement are as follows.
Total project period: from July 1, 2017 to February 28, 2019 (20 months): Project cost for the relevant year from March 1, 2018 to February 28, 2019 (12 months): project cost for the relevant year: 147,234,000 won: Government subsidy: 103,000,000 won: 44,234,000 won in cash (payment and management of project cost) and 14,634,000 won in kind (the amount of KRW 29,60,000,000), and the Defendant shall manage the project cost through the management guidelines for international joint and local commercialization support projects for environmental technologies (hereinafter referred to as “management guidelines of this case”) pursuant to the provisions of the management system.