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(영문) 대전지방법원 2020.01.30 2018구합104626
중소기업기술개발지원사업 참여제한 및 출연금 환수처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a company engaged in the development, supply, maintenance, repair, content development and production, specialized design business, etc. of software, and Plaintiff B is the representative of the Plaintiff Company.

B. On January 13, 2015, the Administrator of the Small and Medium Business Administration (former Minister of SMEs and Startups) publicly announced the “C” implementation plan in 2015, and designated the Small and Medium Enterprise Technology Information Promotion Agency as a specialized institution.

C. On September 14, 2015, Plaintiff Company submitted a business plan to the Minister of Trade, Industry and Energy as a task called “D” (hereinafter “instant task”) and applied for support according to the said publication.

On September 18, 2015, the Defendant entered into an agreement on the development of technology with the Plaintiff Company as follows (hereinafter “instant agreement”):

Project name: Category project name: The total technology development period of D: from August 24, 2015 to August 23, 2016 (total 12 months): the sum of the project cost for the development of technology (unit) divided into total project cost (unit) and the private contributions to the Government, in cash, shall be paid in cash, from August 24, 2015 to August 23, 2016; 4,650; 18,480; 23,130, 217,130; the head of the major institution of the Plaintiff’s position: The head of the major institution of the Plaintiff Party to the Convention: The Plaintiff Company’s representative: The main institution must comply with the Enforcement Decree of the Small and Medium Enterprise Innovation Promotion Act, the Enforcement Decree of the said Act, the operation guidelines for the development of technology development projects, the guidelines for the development of technology development projects of small and medium enterprises, and the technology management regulations for the technology development of small and medium enterprises.

On October 19, 2016, the Plaintiffs submitted a final report to the Defendant.

On March 29, 2017, the Defendant held a final evaluation committee to deliberate on the instant task, and determined the instant task as “satisf (45 points)” for the following reasons.

The Plaintiffs filed an objection and received a second decision from the final Evaluation Committee on June 27, 2017.

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