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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. The Plaintiff is a corporation established for the purpose of manufacturing and selling sports boats and boats, and the Seoul Olympic Sports Promotion Foundation (hereinafter “Korea Sports Promotion Foundation”) is a specialized institution delegated by the Defendant with the planning and management of national research and development projects under the jurisdiction of the Ministry of Culture, Sports and Tourism pursuant to the Framework Act on Science and Technology.
B. On September 1, 201, the Industry-Academic Cooperation Foundation of B, as the “main research institute,” entered into an agreement with the Korea Sports Promotion Foundation and the Plaintiff, etc., with respect to the overall task delegated by the Defendant, with respect to the overall task of “C” (hereinafter “instant overall task”), the term of the agreement was from September 1, 201 to August 31, 2014; and the term of the agreement was determined as the person in charge of research D (Professor for Sports Industry in E-School); and the term of the instant overall task (hereinafter “instant agreement”). The Plaintiff is the “principal research institute” as stipulated in the instant agreement, and the term of the agreement was determined as the “main research institute” from September 1, 201 to August 31, 2014, and was assigned as the person in charge of research, G (the president of the Plaintiff Company) and the general task of “H” among the instant general task.
C. According to Article 3 of the Convention, the Plaintiff received some of the government subsidies from the Defendant from the Defendant, and made contributions to the private sector (cash) as expenses for research and development projects (hereinafter “project expenses”) by voluntarily investing them in the Plaintiff.
On March 20, 2017, the Defendant: (a) against the Plaintiff, the reason for the disposition does not exceed the provisions on prosecution [the prosecution’s investigation and indictment [the confirmation of the fraud of KRW 70,105,00 according to the prosecution’s investigation and indictment (type 3016-type 30716)]; (b) the ground for the disposition [the prosecution’s personnel expenses]; and (c) the management of national research and development projects.