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(영문) 서울서부지방법원 2019.02.21 2018가합33077

보증보험금

Text

1. The Defendant’s KRW 270,000,000 as well as 5% per annum from December 1, 2017 to April 12, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a non-profit special corporation established in May 2009 under Article 31 of the Framework Act on the Promotion of Cultural Industries to provide financial support, such as lending of various necessary funds, debt guarantee, performance guarantee, etc. to C business operators for the promotion of C business pursuant to Article 20-2.

B. 1) The Plaintiff (specialized institution) entered into a main contract on May 1, 2016, Co., Ltd. D (main research institution; hereinafter “Nonindicted Company”)

(E) The “E” (hereinafter referred to as the “E”) is the instant project’s business.

In relation to the foregoing, the total project period is from May 1, 2016 to December 31, 2018 (total three years), and the project period for the pertinent year is from May 1, 2016 to December 31, 2016; and the Plaintiff paid research and development expenses (agreement subsidies) to the non-party company; and the non-party company is “F” (hereinafter referred to as “F”) as business operators charges and subsidies for the above agreement.

(1) The G Project Convention (which shall be the main contract in relation to the instant guarantee agreement as seen earlier, and shall be hereinafter referred to as the “instant agreement”).

(2) The provisions relating to this case in the Convention are as follows.

Article 2 (Management Regulations, etc.) The term "Management Regulations" as used in this Convention means:

1. Regulations on the management, etc. of national research and development projects;

2. Regulations on the management of cultural, sports, tourism and research and development projects;

3. Article 4 (Payment of Research and Development Expenses), such as the relevant guidelines and criteria determined by the Plaintiff, shall pay the Convention Subsidies (hereinafter “Subsidy”) out of the research and development expenses for the performance of the instant task to each institution after receiving the application documents for subsidies from each institution.

Article 5 (Management, Use, etc. of Research and Development Expenses)