The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

With respect to a national research and development project, which is a research and development project in the fields of science and technology and which is a research and development project in which a central administrative agency has specified research and development tasks pursuant to Acts and subordinate statutes to contribute all or part of the research and development expenses or to which public funds, etc. are provided, the head of the major institution in charge of the relevant research and development projects, has a duty to collect royalties from the executing enterprise with respect to the research and development tasks determined as the target of royalties pursuant to Article 19 of the former Regulations on the Management, etc. of National Research and Development Projects (amended by Presidential Decree No. 19872, Feb. 8, 2007; hereinafter “Management Regulations”) and Article 34 of the former Guidelines on the Operation of Research and Development Projects (amended by Presidential Decree No. 2002-50, Feb. 8, 20

After that, Article 19 of the former Management Regulation was amended on May 27, 2008, and the main research institute is a university, the main research institute is exempted from paying royalties to a specialized institution. On December 31, 2008, if the main research institute is a non-profit corporation, the main research institute is exempted from paying royalties.

Accordingly, Article 15 (1) and (2) of the Integrated Guidelines for Collection and Use of Technology Fees (Ministry of Knowledge Economy No. 2008-238, Jan. 1, 2009; hereinafter "Integrated Guidelines") provides that at least 50/100 of the royalties collected by the head of a non-profit major institution shall be the performance fee for researchers who participate in the relevant research and development task; at least 5/100 of the royalties shall be the performance fee for those who have contributed to technology transfer and commercialization; the remaining royalties shall be used for the utilization and management of technology development performance, such as re-investment in technology development; expenses for institution operation; and application and management of intellectual property rights; and the main research institution shall be the main research institute.