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(영문) 대전고등법원 2015.04.09 2014누11418
참여제한 처분 취소
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Details of the disposition;

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a company established to carry on the manufacturing business, such as electrical construction business, LDD name, etc., and Plaintiff B is the representative director of the Plaintiff Company.

The Agency for Technology Promotion of Small and Medium Enterprises (hereinafter referred to as the "Technology Promotion") is an institution established pursuant to Article 20 of the Act on the Promotion of Technology Innovation of Small and Medium Enterprises (hereinafter referred to as the "Technology Promotion Act")

B. Under Article 10(1) of the Technology Promotion Act and Article 7 of the Enforcement Decree of the same Act, the Administrator of the Small and Medium Business Administration publicly announced the implementation plan of the instant project, and designated the Small and Medium Enterprise Technology Information Promotion Agency as a specialized institution in charge of receiving applications for participation in the project, preparing the project plan, and evaluating tasks. The Plaintiff Company submitted the project plan by supporting the instant project around that time.

B. On July 4, 2012, the Defendant: (a) examined and evaluated the business plan submitted by the applicants, and selected the Plaintiff Company as a person eligible for support for the instant project; and (b) entered into an agreement on the development of technology between the Plaintiff Company and the small and medium enterprise (hereinafter “instant agreement”); and (c) the main contents are as follows:

(2) The project title of the Plaintiff’s task to be performed under the above Convention: The project title of the D project (renovation task): The total development period: from July 16, 2012 to April 15, 2013 (total nine months): the total amount of government-invested private contributions (unit : KRW 9,000 to April 15, 2013) and the total amount of cash-based contributions for the development of the technology; from July 16, 2012 to April 16, 2012; from July 95, 2012 to April 15, 2013; 6,580,587; 25,9132,500,127,870,127, and 870, (i) the Small and Medium Enterprise Innovation Promotion Act and the Enforcement Decree of the said Act; and (ii) the operation of the Small and Medium Enterprise Technology Development Support Project.

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