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(영문) 대전지방법원 2016.04.07 2015구합101411
연구비환수처분취소 등
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that develops and sells products related to the dental hygiene and beauty art appliances, and the Korea Evaluation Institute of Industrial Technology is an institution established under Article 39 of the Industrial Technology Innovation Promotion Act (hereinafter “Industrial Technology Act”) to efficiently support the planning, management, evaluation, etc. of tasks of the project for industrial technology innovation.

B. On February 20, 2012, the Director of the Korea Industrial Technology Evaluation and Management Institute published A, a public announcement of the Small and Medium Business Administration, B in 2012 (hereinafter “instant business”), and the Plaintiff submitted a business plan by supporting the instant business around that time.

C. As a result of review and evaluation of the project plan submitted by applicants, the Korea Industrial Technology Evaluation Institute selected the Plaintiff as persons eligible for support for the instant project, and entered into an agreement on January 9, 2013 with the Plaintiff and a small and medium enterprise technology development project (hereinafter “instant agreement”) with the Plaintiff as a task manager, and its main contents are as follows:

(1) The Plaintiff’s project title refers to the project title: D’s project title: B project title: from December 1, 2012 to November 30, 2013, the total development project cost (total 12 months) divided by government contributions (unit : KRW 12,000) in cash; from December 1, 2012 to November 30, 2013, the total amount of cash contributions paid by the private sector (unit : 80,000 to November 30, 2013; 16,000,000,000 or 160,000,000: (i) In performing the development project, the Plaintiff shall comply with the Enforcement Decree of the Small and Medium Enterprises Innovation Promotion Act, the Enforcement Decree of the said Act, the operational guidelines for the development of technology of small and medium enterprises, the guidelines for the management of technology development support projects, and the technology management regulations for the technology development of small and medium enterprises.

Article 30 and Article 31 of the Guidelines shall apply to the plaintiff company or any other person related thereto if the plaintiff company violated the terms of this Convention or any of the above-mentioned related Acts and subordinate statutes.

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