logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.09.29 2016구합51689
출연금 환수처분 등 취소 청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Pursuant to Articles 39 and 44 of the Industrial Technology Innovation Promotion Act, and Article 57 of the Enforcement Decree of the Industrial Technology Innovation Promotion Act, the Defendant is a public institution entrusted with the authority of the Minister of Trade, Industry and Energy to promote and evaluate projects

Project name: The general manager of the Plaintiff Company: The general manager of the Plaintiff Company: The total technology development period: From September 1, 2012 to August 31, 2015.

B. On September 1, 2012, the Defendant concluded a business agreement with Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) (hereinafter “instant agreement”) and carried out the following tasks (hereinafter “instant task”).

C. Pursuant to the instant agreement, the Defendant paid KRW 50 million to the Plaintiff Company, the managing body of the instant task, KRW 50 million for the first year (from September 1, 2012 to August 31, 2013), KRW 540 million for the second year (from September 1, 2013 to August 31, 2014) and KRW 540 million for the third year (from September 1, 2014 to August 31, 2015).

However, as a result of the audit of the instant task around March 2015, the Board of Audit and Inspection: (a) released KRW 28,000,000 from the RCR account (hereinafter “project cost management account”) for the second year project cost; (b) purchased equipment, such as a self-regular display function device (hereinafter “instant equipment”) from E; (c) subsequently revoked the purchase; and (d) discovered that the purchase price was returned to the corporate account of the Plaintiff Company for any other purpose.

E. On July 15, 2016, the Defendant recovered 509,049,792 won from the Plaintiff Company on the ground that the Plaintiff Company used the government contributions received in relation to the instant task for any purpose other than its original purpose, and restricts the Plaintiff Company and Plaintiff B from participating in national research and development projects ordered by the Minister of Trade, Industry and Energy for three years.

arrow