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(영문) 서울행정법원 2017.06.23 2016구합58680
참여제한 및 정부출연금환수처분취소 등
Text

1. The part demanding the revocation of the decision of the suspension of a fraudulent act among the primary claims of the instant lawsuit and the conjunctive claims.

Reasons

1. Details of the disposition;

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a corporation established on December 23, 201 with the aim of contributing to the stable efficient and environmentally friendly national energy supply and demand structure by creating energy technology development and energy technology innovation infrastructure pursuant to Article 13 of the former Framework Act on Energy (amended by Act No. 9931, Jan. 13, 2010).

(D) The main research institute that performed the instant task after entering into an agreement on the project for technological innovation of knowledge and economy (hereinafter “instant agreement”) with the exclusive institution and the Cuniversity Industry-Academic Cooperation Foundation, etc. (participating institution) on the instant task (hereinafter “instant task”). Plaintiff B is the general manager of the instant task and the representative director of the Plaintiff Company.

B. According to the instant agreement, the Plaintiff Company shall perform the instant task by using government contributions, cash and goods, etc. (hereinafter “private contributions”) paid by the Defendant at each stage, as technology development project expenses (hereinafter “project expenses”).

C. On January 12, 2016, the Defendant conducted a special assessment on the instant task on the ground that “The project cost was used only for the purpose of performing the instant task, but the Plaintiff Company acquired or embezzled the project cost by using the project cost for purposes other than the instant task.”

Then, the Defendant issued to the Plaintiffs on March 18, 2016, based on the following comprehensive review opinions: “The final notification of the evaluation results in the field of new and renewable energy technology development projects in 2016”, and (i) notify the Plaintiff Company of the evaluation results of the instant task as “unfaithful suspension” (hereinafter “instant notification”), and (ii) notified the Plaintiffs of the results of the instant research and development project for each of the four-year national research and development projects.

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