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(영문) 서울행정법원 2018.09.14 2018구합54477
참여제한 제재 및 환수조치처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. (1) The Minister of Trade, Industry and Energy, on July 21, 2015, issued “B public announcement.” The Minister of Trade, Industry and Energy, a major institution, combined with the main institution, including mtec games (ju), the Plaintiff, the participating institution, the Busan University Industry Cooperation Foundation, the main institution, and the participating institution (hereinafter referred to as “Plaintiff, etc.”).

(C) “C” (hereinafter “instant task”)

(2) Around December 2015 (the first year) and around November 2016 (the second year) with the Plaintiff, etc., the Defendant, entrusted by the Minister of Trade, Industry and Energy, entered into an agreement with the Plaintiff, etc. on the instant task with respect to “total period of technology development: from December 1, 2015 to September 30, 2018 (34 months); the first year: December 1, 2015 to September 30, 2016; and the second year: October 1 to September 30, 2016 to September 30, 2017; and the third year: October 1, 2017 to September 30, 2017; and KRW 470 million with the government contributions each business year; and KRW 1 million with the total of KRW 1 million.4 million.”

Among them, the government contributions to the plaintiff in the second year are KRW 135 million.

B. 1) On October 19, 2017, the Plaintiff, etc. submitted “the performance report on the use of the second year project cost” to the Defendant. The Plaintiff’s labor cost column (No. 1 No. 14, 15 pages) from November 7, 2016 to August 2, 2017 stated that the Plaintiff paid KRW 1,100,000 to E on November 1, 201 and July 3, 2017, KRW 80,000,000 to E and KRW 9,000,000,000,000 to the Defendant. 2) unlike the above report, the Defendant did not participate in the work from April 7, 2016 to August 2, 201, and did not participate in the work at KRW 160,000.

C. The Defendant deemed that the Plaintiff’s KRW 16,972,830 equivalent to the Government’s contribution ratio out of KRW 18,000,000 paid to D and E constituted “the use for any purpose other than the original purpose” and thus, in December 28, 2017, the Plaintiff’s disposition of KRW 3 years of restriction on participation, redemption 16,972,830 is below the disposition.

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