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(영문) 서울남부지방법원 2019.03.21 2018나60128
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 15, 2014, the Ministry of Land, Infrastructure and Transport and its affiliated agencies (hereinafter “specialized agencies”) publicly announced “Implementation of the D Technology Commercialization Support Project” (hereinafter “Specialized Agency”) as the Ministry of Land, Infrastructure and Transport and its affiliated agencies.

B. On September 2014, the Plaintiff agreed to jointly perform “E” (hereinafter “research and development task”) with L Co., Ltd. (the Defendant of the representative director) (hereinafter “instant agreement”).

The agreement includes the following:

L Co., Ltd. shall issue tax invoices and submit related data when purchasing equipment and material costs in E, and shall be responsible for the settlement of accounts related to equipment and material costs, and the plaintiff shall pay in accordance with the personnel expenses regulations and shall be responsible for the settlement of personnel expenses.

The plaintiff and L Co., Ltd. shall do their best to prevent any disruptions to business in executing government contributions and private contributions, and shall be legally responsible if there is any gross negligence in the promotion of business.

C. The above research and development task was selected as a subject of the above support project through C’s proposal and proposal.

Accordingly, the "Research and Development Agreement" between the plaintiff and the defendant who is the supervising research officer and the defendant who is the supervising research officer, and the specialized research agency.

(1)The Convention’s main contents are as follows. The term of research and development: 481,60,000 won for research and development expenses of the Convention from September 30, 2014 to September 29, 2016 (government contributions of KRW 240,000,000 and enterprise contributions of KRW 241,60,000 for the second year (government contributions of KRW 240,000,000 and enterprise contributions of KRW 160,000,000 for the second year (government contributions of KRW 240,00,000 and enterprise contributions of KRW 160,00,000 for the second year.

D. On August 25, 2015, C requested the Defendant, who is the representative of the Plaintiff, to take measures on the ground that the Defendant’s research and development task performance capability is insufficient and production facilities are insufficient.

Since then, the person in charge of research and development tasks was replaced by G, and C approved on December 11, 2015.

(e)a specialized institution.

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