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(영문) 서울서부지방법원 2019.10.24 2017가단2277
구상금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. On May 2009, a business plan was publicly announced in the name of the Minister of Knowledge Economy, the Korea Evaluation Institute of Industrial Technology, etc. (hereinafter “D”) but among its public tasks, E system was included in E-systems, etc. The contents of the said business plan were to support government contributions out of the technology development project expenses, and to implement technology development projects by bearing private contributions in addition to government contributions.

With respect to the collection of “technical fees” in the foregoing announcement, the final evaluation of the results of technology development is required to pay 20% of the government contributions in the case of small and medium enterprises and 30% of the government contributions in the case of middle-standing enterprises.

B. The details of allocation between the plaintiff, the defendant, and the non-party company: A filed the instant lawsuit as shown in the attached Table, but the lawsuit was pending on December 2018, and a simplified rehabilitation decision was rendered by the Seoul Rehabilitation Court to A with respect to the company A, and the administrator B of the rehabilitation debtor corporation was a party to the lawsuit by a third party in charge of legal action, and the following is referred to as the plaintiff for convenience.

On June 2009, the Plaintiff participated in E development system projects by taking the main institution, the Defendant, and the Non-Party F Co., Ltd. (hereinafter referred to as “non-party company”) as part in the participation (B). The details of allocation of government contributions and private contributions (non-party cash goods) agreed between the Plaintiff, the Defendant, and the non-party company are as shown in the attached Table.

2. The plaintiff's cause of action is as follows.

① As indicated in the attached Table, the Defendant received KRW 300 million out of the government contributions of KRW 960,000,000. Of which royalties to be paid are KRW 174,147,000, the Plaintiff, a major institution, paid KRW 109,48,200 out of the royalties to the Korea Industrial Technology Evaluation Institute. The Defendant, a participating institution, is the Plaintiff.

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