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(영문) 서울중앙지방법원 2017.12.13 2017가단5041494
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation established pursuant to the Promotion of Industrial Education and Industry-Academic Cooperation Act with the aim of contributing to the development of the Silver University and the State by promoting the Silver University’s industry-academic cooperation project. The Defendant is a corporation established pursuant to Article 39 of the Industrial Technology Innovation Promotion Act with the aim of contributing to the enhancement of industrial competitiveness through innovation in industrial technology and national innovation capabilities by carrying out projects, such as planning, evaluation, management

B. On October 2013, the Plaintiff entered into an agreement on the project for industrial technology innovation (hereinafter “instant agreement”) with the Defendant regarding the following matters (hereinafter “instant project”). Accordingly, the Defendant annually paid project expenses to the Plaintiff during the first through third years (from November 1, 2013 to August 31, 2016).

o. Name of the subject: The total period of theo technology development from November 1, 2013 to October 31, 2025 (144 months): the period from November 1, 2013 to October 31, 2025 (84 months): the period of theo agreement from October 31, 2029 (84 months): the general manager of theo technology development project from November 1, 2014 to October 31, 2015 (12 months): the head of the exclusive institution subject to the C Senior Research Institute 000O: the defendant, the major institution, the participating institution, and the participating institution: the plaintiff, etc.

C. After performing the task as a participating organization pursuant to the instant agreement, the Plaintiff reported the results of the use of the project cost to the Defendant. Upon examining the results of the examination of the results of the use of the project cost, the Defendant notified the Plaintiff on August 16, 2016 of the said amount to be paid on the ground that KRW 116,925,00, including external personnel expenses paid to the four insured persons, and other students, was improperly executed.

Accordingly, the Plaintiff filed an objection against the Defendant on August 24, 2016. However, the Defendant rendered a ruling based on the result of the Special Review Committee’s review on November 30, 2016, on the external personnel expenses paid to other students.

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