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(영문) 수원지방법원 2016.06.14 2015구합64023
사업중단 및 해약처분 취소 청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On September 2013, the Korea Environmental Industry and Technology Institute: (a) the president of the Korea Environmental Industry and Technology Institute; (b) the head of a specialized institution in the technology development project between D University E Industry and D University F and D University G; (c) the head of the attraction institution; and (d) the head of the business group (Defendant) shall be the “G”; and (c) the total research and development expenses shall be KRW 27,734,000,000 (including government contributions 20,800,000,000), and the Defendant, the head of the business group, with the support of the D University E Industry and Technology Foundation, shall perform the tasks of B; (d) the Defendant may invite or designate a research institute and a person in charge of the project, who performs the detailed tasks, and (e) concluded an agreement with the business group with the head of the main research institute that executes the detailed tasks, after obtaining approval from the Korea Environmental Industry and Technology Institute.

B. On December 30, 2013, the Plaintiff entered into an agreement with the Plaintiff on the first-year Convention (from December 1, 2013 to May 31, 2019) with respect to research and development costs of KRW 700,000,00 (including KRW 420,00,000,000, Government contributions) during the first-year Convention period (from December 1, 2013 to May 31, 2019) with respect to the “C” (hereinafter referred to as “instant research”) which is a detailed task of the B project, pursuant to the agreement with the project team.

After the termination of the period of the first year agreement, the Defendant entered into the second B B project team agreement (hereinafter “instant agreement”) with the Plaintiff on June 2014 with respect to the period of the second year agreement (including KRW 975,000 with respect to research and development expenses from June 1, 2014 to May 31, 2015) to support KRW 1,625,913,000 with respect to research and development expenses.

Article 3 (Payment and Management of Research and Development Expenses) (2) (The head of the supervising agency for specific tasks (referring to J, the representative of the plaintiff; hereinafter the same shall apply) shall be paid by (referring to the head of the inducing agency for the project team; hereinafter the same shall apply) including private contributions borne by the participating enterprises.

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