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(영문) 대전지방법원 2017.09.06 2017구합101781
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

The Defendant is a corporation established to efficiently promote technological innovation and informatization management of small and medium enterprises pursuant to Article 20 of the Act on the Promotion of Technology Innovation of Small and Medium Enterprises (hereinafter referred to as “Small and Medium Enterprises Technology Innovation Act”), and that performs a foundation for technological innovation of small and medium

On January 10, 2014, the Administrator of the Small and Medium Business Administration published the “B Project B Implementation Plan of 2014 (hereinafter “instant Project”) and re-announceed the said implementation plan by adding the exceptions to support on January 20, 2014.

The Plaintiff, as the representative of D (trade name before the modification: E; hereinafter referred to as D) who is a small and medium enterprise, supported the instant project on February 3, 2014, and submitted a business plan, etc. concerning the F task (hereinafter referred to as “instant task”) to the Administrator of the Small and Medium Business Administration.

The Plaintiff entered the Plaintiff’s spouse G as a person in charge and participating researcher, and attached a new human resources certificate to the effect that two new human resources are scheduled to be employed.

On June 3, 2014, the Plaintiff was selected as a person eligible for support for the instant project, and entered into an agreement on technological development projects for small and medium enterprises of a total amount of KRW 166,650,000 (hereinafter “instant agreement”) with the Defendant entrusted by the Administrator of the Small and Medium Business Administration to perform the instant task, and the main contents thereof are as follows.

The name of H project: The F Technology Development Project cost on May 22, 2014: from May 21, 2015 to May 21, 2015 (total 12 months): Government contributions of KRW 131,00,000, private (corporate) contributions of KRW 35,650,000, total of KRW 166,650,000, and the Plaintiff participating in technology development projects under this Convention, with good faith, is the Convention, the Technology Innovation Act, Enforcement Decree, the Operational Guidelines for Small and Medium Enterprise Technology Development Support Projects (hereinafter referred to as the “Operational Guidelines”), and the Technology Development of Small and Medium Enterprises.

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