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(영문) 대전지방법원 천안지원 2018.11.14 2018가단102016
약정금
Text

1. As to KRW 100,000,000 among the Plaintiff and its KRW 30,000,000, the Defendant shall pay to the Plaintiff KRW 35,000,000.

Reasons

1. Facts of recognition;

A. According to Article 25(1) of the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act, the Plaintiff is a juristic person established as an organization in charge of the duties related to industry-academia-Research Cooperation of A University YY, and the Defendant served as a professor of A University YY Campus from March 1, 2010 to the Department of Sports Industry.

B. The Plaintiff concluding an agreement on a technology development project for the sports industry with the C&C (hereinafter “C”) and the research period for “D” research and development projects for which the Government subsidies are granted as the research and development expenses: From September 1, 201 to August 31, 201, and total project expenses: 715 million won.

H. The D task of this case is referred to as “instant D task”

(E) Research tasks and “E” tasks (research period: from July 1, 2013 to June 30, 2015: 400 million won in total;

H. The “instant E-Research task” refers to “the instant E-Research task,” and the instant D task and the instant E research task collectively refer to “each of the instant tasks.”

(C) On October 21, 2015, the Corporation concluded an agreement on the development of each sports industry technology, and the Defendant was appointed as a person in charge of each of the instant E research tasks. (c) On October 21, 2015, as a result of the final evaluation of the instant E research task, the Company rendered a decision on “unfaithful failure” on the ground that “policy model development or policy proposal is very poor, and the results of the previous research program were not faithfully carried out as a result of the development of the instant E research task.”

2) The Plaintiff filed an objection against the results of the assessment. However, the C&C shall hold a deliberation committee on January 11, 2016 and dismiss the Plaintiff’s objection, and take measures to exempt the Defendant, who is a person in charge of research and development, from participating in national research and development projects for three years, for the amount of KRW 147,100,000 [the second year (from July 1, 2014 to August 31, 2015) (excluding students’ personnel expenses and indirect expenses), out of the project expenses for the second year (200,000,000 won).

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