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(영문) 대전지방법원 2017.11.22 2017구합103022
연구개발비반환채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff is a corporation established for the purpose of developing software, developing electronic circuits, manufacturing wabs, etc. The Seoul Olympic Sports Promotion Foundation (hereinafter referred to as the “National Sports Promotion Foundation”) is a specialized institution that vicariously carries out planning, management, etc. of national research and development projects under the jurisdiction of central administrative agencies pursuant to the Framework Act on Science and Technology.

The defendant is the subject to whom the collection of research and development expenses from the plaintiff of the National Sports Promotion Corporation belongs.

On October 15, 2014, the National Sports Promotion Foundation additionally announced the plan for research and development of sports industrial technology research and development in 2014, "Additional Public Notice on the Plan for the Research and Development of Sports Technology in 2014" on the Internet homepage of the National Sports Promotion Foundation.

In the above notice, "Research and Development Plan (Form of Preparation) and Guidelines for Management of Sports Industry Development Project" (hereinafter referred to as "Guidelines for Management of this case").

The file was accompanied by the file.

The above public notice

9. In the category of relics, the project shall comply with the Regulations on the Management of Culture and Sports Tourism Research and Development Project, the instant management guidelines, and other relevant laws and regulations, and shall pay royalties in accordance with the said regulations, and the detailed conditions shall be separately specified by the agreement.

On December 30, 2014, the Plaintiff entered into the instant agreement and paid research and development expenses under the name of the task to the National Sports Promotion Foundation and the “Development of Taekwondo Electronic Organization (hereinafter “instant project”) for the purpose of the convergence training of sports ICT,” and the term of the agreement (the period of research and development) shall be “from December 30 to December 29, 2015,” and “the Convention on the Projects for the Development of Sports Technology (the period of research and development)” is “the instant agreement.

The Korea Sports Promotion Foundation concluded a contract, and paid the Plaintiff the government subsidy of KRW 200 million. The relevant contents of the instant agreement are as follows. Article 3 (Payment of Research and Development Costs) (Third National Sports Promotion Foundation) (the Plaintiff is as follows:

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