The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details and details of the disposition

A. The Plaintiff is a company that manufactures and sells medicines, and the Defendant is established pursuant to Article 39 of the Industrial Technology Innovation Promotion Act and performs projects, such as planning, management, and evaluation of tasks of projects for innovation of industrial technology, upon being entrusted with authority to restrict participation in national research and development projects by the Minister of Trade, Industry and Energy pursuant to Article 44(1) of the same Act and Article 57(4)1

B. On June 29, 2016, the Plaintiff, B Co., Ltd. (hereinafter “B”), and Cuniversity Industry Cooperation Foundation (hereinafter “instant task”) submitted to the Defendant a project plan regarding the “D task” (hereinafter “D task”), and concluded an agreement with the Defendant on the instant task on June 29, 2016.

C. In accordance with the above agreement, the Defendant paid the Plaintiff KRW 46 million of the government contributions out of KRW 78,000,000 for research expenses for the first year of the instant task.

On December 19, 2017, the Defendant issued a five-year restriction on participation in national research and development projects pursuant to Article 11-2 (1) 5 of the former Industrial Technology Innovation Promotion Act (amended by Act No. 14592, Mar. 14, 2017; hereinafter “former Industrial Technology Innovation Promotion Act”) to the Plaintiff on the ground that “the Plaintiff used the contribution to purchase a reagents of KRW 43,36,440,00, out of KRW 78,000 for the first year of the instant task, unrelated to the instant task, to use the contribution for any purpose other than the research purpose of research and development expenses.”

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s gist of the Plaintiff’s assertion was that the Plaintiff was unable to fully participate in national research and development projects for the next five years, and was placed in a situation where research for new drugs development is not inevitable.

The Plaintiff.