부당이득금 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff is a school juristic person established under the Private School Act and the Higher Education Act and has a single university. The defendant is a juristic person established under the Korea Manpower Agency Act.
B. Around July 28, 2011, the Plaintiff University and the Defendant entered into an agreement to conduct a national human resources development consortium project (hereinafter “instant project”). Around January 1, 2013, the Plaintiff University and the Defendant entered into a business agreement to renew the agreement (hereinafter “instant business agreement”).
The main contents of the instant agreement are as follows.
Article 3 (Support of Subsidies) The Corporation (Defendant) shall, at the request of the operating institution (Plaintiff), pay the subsidy for the project expenses in the form of an exclusive account of the operating institution.
In such cases, the Corporation shall, if there is a charge to be borne by the operating institution, pay the subsidy after verifying evidential data therefor.
Article 4 (Use, etc. of Subsidies) (1) The operating institution shall conduct a consortium project, such as using subsidies, in accordance with the Regulations on the Operation of National Human Resources Development Consultative Body (hereinafter referred to as the "Rules") and the Operation Rules (hereinafter referred to as the "Rules").
Article 7 (Termination, etc. of Agreement) (1) Where an operating institution falls under any of the following cases, the Service may cancel the selection of the operating institution and terminate the agreement:
1. Cases falling under subparagraphs 1 and 2 of Article 12 of the Regulations:
2. Where it is impossible for an operating institution to waive a consortium or to continue to conduct its business, such as closedown, etc.
3. Where the operating institution violates an agreement seriously or fails to conduct a consortium project normally.
4. Where the operating institution fails to conduct a consortium project during the period prescribed in Article 18 of the Regulations.
5. Other cases where the Service determines that it is difficult to continue the consortium project in terms of misconduct or policy.