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(영문) 서울행정법원 2019.07.11 2018구합85921
출연금환수처분 취소청구 등의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. In order to efficiently support the planning, evaluation, management, etc. of energy technology development projects, the Defendant was entrusted by the Minister of Trade, Industry and Energy with the task of planning, management, and evaluation of the project for the development of industrial technology pursuant to Article 11(1)5 and (4) of the Industrial Technology Innovation Promotion Act and Article 14 Subparag. 3 of the Enforcement Decree of the same Act, and the duty of restricting the participation in national research and development projects and recovering the project cost pursuant to Article 44(1) of the Industrial Technology Innovation Promotion Act and Article 57(4) of

B. 1) The Minister of Trade, Industry and Energy, around September 5, 2016, entered into an agreement and carry out tasks; 1) The Minister of Trade, Industry and Energy, as a national research and development project for industrial technology innovation (hereinafter “instant project

(2) The Plaintiff, as a participating institution, designated the Defendant as an institution in charge of the instant project (Ministry of Trade, Industry and Energy) by publicly announcing the subject of new support (Ministry of Trade, Industry and Energy’s announcement) and designating the Defendant as an institution in charge of the instant project. According to the foregoing public announcement, the Plaintiff is a type of task that develops the original original technology applicable to the instant project (new renewable energy - ocean) (which is a type of task that develops the original original technology applicable to the original technology-type product). The type of task that presents only the item (product and product group) without presenting specific spectrum (RFP) of the technology required for the designation of items (hereinafter “instant task”). The Defendant assessed the project plan submitted by the Plaintiff and selected it as the subject of new support of the instant project.

3) With respect to the instant task, on December 1, 2016, the total project cost of KRW 1.861 billion for the Defendant-dedicated institution, the Plaintiff-dedicated institution, the supervising institution, the D University Industry-Academic Cooperation Foundation, and the participating institution in E (it refers to KRW 1.2 billion with government contributions, and the cash and goods he/she owns to the relevant task, and the ordinary personnel expenses, facilities, and equipment.

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