정부출연금환수 및 기술혁신촉진지원사업참여제한처분 취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. The Plaintiff is a company that engages in the manufacture and sale of luminous measuring instruments.
2) The Korea Industrial Technology Promotion Agency is an exclusive institution that manages various research projects for industrial technology innovation established pursuant to Article 38 of the former Industrial Technology Innovation Promotion Act (amended by Act No. 14839, Jul. 26, 2017; hereinafter “Industrial Technology Innovation Act”) and conducted by the Minister of Trade, Industry and Energy.
3) The Defendant is the head of the Korea Institute for Industrial Technology Promotion (hereinafter referred to as the “Defendant”), who is delegated the authority to restrict participation in research and development projects and recover project costs by the Minister of Trade, Industry and Energy pursuant to Article 44(1) of the Industrial Technology Innovation Act and Article 57(4) of the former Enforcement Decree of the Industrial Technology Innovation Promotion Act (amended by Presidential Decree No. 26389, Jan. 12, 2016).
B. On September 24, 2015, the Plaintiff and the Defendant entered into an agreement between the Plaintiff and the Defendant on the development of technologies for small and medium enterprises (hereinafter “instant agreement”). On September 24, 2015, the Defendant entered into an agreement at two stages of the development of technologies for small and medium enterprises (hereinafter “instant agreement”) with the name of business, “B Technology Development Project,” “C” (hereinafter “instant task”), and the term of technology development, from September 1, 2015 to August 31, 2017.
Under the instant agreement, the Defendant paid the Plaintiff KRW 1,246,00,000 for a total of two years (= KRW 623,000,000 for the second year following the first year).
After August 2, 2016, the period of technological development of the Convention was extended by three months from September 1, 2015 to November 30, 2017 upon the Plaintiff’s request for amendment of the Convention.
2) The instant agreement is the former Act on the Promotion of Technology Innovation of Small and Medium Enterprises (amended by Act No. 14683, Mar. 21, 2017; hereinafter “Small and Medium Technology Innovation Act”); the former Enforcement Decree of the Technology Innovation Promotion Act (amended by Presidential Decree No. 28213, Jul. 26, 2017).