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(영문) 서울행정법원 2016.11.25 2016구합64982
참여제한 및 환수 처분 취소청구
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. On October 2013, the Plaintiff entered into the first year Convention (hereinafter “the first year Convention”) with respect to D projects (hereinafter “instant project”) among C projects (hereinafter “instant project”) conducted as part of the projects for supporting the Defendant and the economic region hub agency (hereinafter “instant project”). B. The Defendant, around September 2, 2014, notified the Plaintiff of a comprehensive opinion that the instant project will continue to exist as a result of the first year annual evaluation. (c) The Plaintiff submitted the second year project plan to the Defendant, and entered into the second year agreement with the Defendant (hereinafter “the second year agreement”).

On September 21, 2015, the Defendant notified the Plaintiff of a comprehensive opinion that “the instant evaluation results are inconsistent with the planned quantitative target items and the actual development contents, failing to meet the project goals,” and that “the research and development hours are unlikely to be insufficient and physiologically effective,” which is the final objective, it is deemed that it is difficult for the supervising agency to develop the exempted feed and antibiotic infection,” which is the final objective.

E. On May 20, 2016, the Defendant imposed a three-year restriction on participation in national research and development projects on the Plaintiff, and imposed a disposition on the Plaintiff to recover KRW 62,500,000 from the government contributions of the second year to the Industry-Academic Cooperation Foundation for B University.

(hereinafter referred to as “instant disposition” in total, including the disposition of restriction on participation and the disposition of recovery, hereinafter the same shall apply). [Grounds for recognition] without dispute, entry of Gap’s evidence 1 through 11, Eul’s evidence 6 through 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. To make entries in the attached statutes concerned;

3. The following circumstances are revealed prior to the legitimacy of the part concerning the claim for revocation of the disposition of recovery of contributions among the instant lawsuit and the purport of the entire pleadings.

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