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(영문) 대구지방법원 2016.01.26 2015구합22198
출연금 환수처분 취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a special corporation established to take charge of the affairs concerning industry-academic cooperation of A University. The Defendant is a corporation established pursuant to Article 39 of the Industrial Technology Innovation Promotion Act (hereinafter “Promotion Act”), which is entrusted with the business of recovering the project cost of national research and development projects by the Minister of Trade, Industry and Energy pursuant to Article 44(1) of the Promotion Act and Article 57(4) of the Enforcement Decree of the same Act.

B. 1) The Plaintiff entered into an agreement with the Defendant on each of the instant tasks with respect to the following national support research tasks, and the Defendant entered into an agreement with the Plaintiff on the subsidization of research and development expenses (hereinafter “Subject 1, Agenda 2, and Agenda 3” in the order of priority, and the total amount of research and development expenses paid to the Plaintiff on June 25, 2010 (won No. 110,000,000 C on July 31, 201) with the Plaintiff on July 31, 201, the research period managing agency on the date of entering into each of the instant research tasks (the No. 10,50,000 E company on June 1, 2012, 205,000 E company on June 30, 2013, 205, 100, 2013; 13. 4. 7. 8. 1, 2013

(2) The Plaintiff received research and development expenses from the Defendant and carried out each of the instant tasks. In the case of tasks 1 and 2, the Plaintiff completed all research and notified the Defendant of the final evaluation results on November 22, 201 and November 22, 2013, but, in the case of tasks 3, the research was suspended according to the Defendant’s decision to suspend the task on March 7, 2014.

C. The sum of 11 national research and development tasks including each of the instant tasks from 2010 to 2014, including the embezzlement and defraudation of government contributions and the Defendant’s recovery notification, is the method that the F professor, who was the person in charge of each of the instant tasks, receives the research assistants’ personnel expenses, research materials expenses, etc. from his account by falsely claiming them.

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