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(영문) 대전지방법원 2016.03.31 2015구합101428
연구비 환수 등 처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff A university industry-academic cooperation foundation (hereinafter “Plaintiff-academic cooperation foundation”) is a corporation established under the former Industrial Education Enhancement and Industry-Academic Cooperation Promotion Act (amended by Act No. 7869 of March 3, 2006), Plaintiff B is an institution specializing in national research and development projects under the jurisdiction of the Minister of Science, ICT and Future Planning as a corporation established under the Korea Research Foundation Act, which vicariously executes national research and development projects under Article 11 of the Framework Act on Science and Technology.

B. On January 16, 2013, the Defendant publicly announced the support program for middle-standing researchers in the year 2013 and publicly recruited new tasks.

C. On February 19, 2013, the Plaintiff-academic partnership subscribed to the instant new tasks as a research task called “C” (hereinafter “the instant research task”) by designating a person in charge of research as Plaintiff B, and the Defendant selected the instant research task as a subject of support.

Plaintiff

On June 1, 2013, a university-academic partnership and the defendant concluded the Convention on Research and Development Projects concerning the Research Projects in this case (hereinafter “the Convention of 2013”). The main contents are as follows.

1) Convention research and development costs: The total research and development period of the first year (the relevant year), government contributions of KRW 303,00,000,000 for the second year, KRW 303,000 for the third year, KRW 909,000 for the third year, and KRW 300,000 for the third year: the research period of the multi-year agreement from June 1, 2013 to May 31, 2016: the research period of the relevant agreement from June 1, 2013 to May 31, 2016: the Plaintiff; the supervising research officer from June 1, 2013 to May 31, 2016: the supervising research officer from June 31, 2013 to May 31, 2014:

E. On June 1, 2014, the Plaintiff Industry-Academic Group and the Defendant concluded an agreement on the research and development task of the instant research task (hereinafter “instant agreement 2014”). The main contents are as follows.

1) Conventional Research and Development Costs: Government contributions of KRW 303,00,000 for the first year, KRW 303,00,000 for the second year (the pertinent year), KRW 303,00,000 for the third year, and KRW 909,00,000 for the total period of research and development: Three years from June 1, 2013 to May 31, 2016.

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