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(영문) 대전지방법원 2017.04.26 2016구합104011
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

The Plaintiff is a company aimed at manufacturing machinery parts, automobile-only equipment, other parts, etc., and the Defendant is a corporation established to efficiently promote technological innovation and informatization management of small and medium enterprises pursuant to Article 20 of the Act on the Promotion of Technology Innovation of Small and Medium Enterprises (hereinafter referred to as the “Act on the Promotion of Technology Innovation of Small and Medium Enterprises”).

On June 2013, the Plaintiff was selected as a person to be contributed pursuant to Articles 10 and 11 of the Act on the Innovation of Small and Medium Enterprises, with respect to the “Bearing Ro-in System Development” task for be called “Bearing Roling Roce Processing.”

Project name: Business name: Twin-spind Technology Development Period for Bering Rce Processing: October 1, 2013; the project cost for technological development on September 30, 2014: Government contributions: KRW 160,860,00; KRW 42,500,000; and KRW 203,360,00,00; and the Plaintiff participating in technology development projects under this Convention, with good faith, shall faithfully perform the technology development projects in accordance with the relevant provisions, such as this Convention, the Technology Innovation Act, Enforcement Decree, and Enforcement Decree of the Act on Technology Innovation; guidelines for the operation of the Small and Medium Enterprises Technology Development Support Projects (hereinafter referred to as “management guidelines”); guidelines for supporting technological development of small and medium enterprises (hereinafter referred to as “management guidelines”); and make every effort to comply with the guidelines for securing research ethics; establish and implement personal security measures; and manage intellectual property rights.

Article 3 (Payment of Technology Development Project Costs) (2) The Plaintiff shall use the received technology development project costs for each item of the project plan separately from other project funds pursuant to Article 21, and shall follow the method designated by the Defendant.

(hereinafter referred to as "compliance with relevant Acts and subordinate statutes") Article 11.

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