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(영문) 수원고등법원 2020.06.04 2019나21701
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows, except for the following dismissal or addition.

(The main text of Article 420 of the Civil Procedure Act) The term “the Framework Act on Science and Technology and the former Regulations on the Management, etc. of National Research and Development Projects (hereinafter “Management Regulations on National Research and Development Projects”)” (amended by Presidential Decree No. 22328, Aug. 11, 2010); Article 12 and attached Table 1-4 of the Management Regulations on National Research and Development Projects” (hereinafter “Management Regulations on National Research and Development Projects”) shall be construed as “the Framework Act on Science and Technology and the Regulations on the Management, etc. of National Research and Development Projects”.

Under 3, the phrase “from April 2008 to May 201, 2014” shall be read as “from October 9, 2008 to December 11, 2013”.

4 Under 4, the term “R” shall be read as “R”.

The former Management Regulations of National Research and Development Projects shall be amended to "Management Regulations of National Research and Development Projects" under the 5th 8 and 9 below.

The management regulations of the National Research and Development Projects (amended by Presidential Decree No. 22328, Aug. 11, 2010) of the 5th 10th place shall be added.

The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) on the criminal facts including this part in 10-11 is considered as "the crime of occupational embezzlement against this."

9 The 2nd to 10th 2nd tier below shall be as follows:

If a person who received the Government contributions from the Plaintiff uses them for any purpose other than research expenses, the Plaintiff shall recover the relevant project expenses in accordance with the relevant regulations, such as the National Research and Development Project Management Regulations and the Operational Regulations for Research Projects, and may restrict the Plaintiff’s participation in the relevant research and development project."

The 10th and fifth parts below shall be advanced as follows:

(5) Each research and development project of this case.

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