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(영문) 광주지방법원 2018.01.11 2017가단517191
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff participated in C business, D business, E business, and F business, which were implemented as a comprehensive support project (hereinafter “instant B business”) among the projects to create the electric utility infrastructure under Article 49 subparag. 11 of the Electric Utility Act and Article 34 subparag. 3 and 6 of the Enforcement Decree of the same Act, as the main institution or participating institution from October 201 to December 2016.

The specific details are as follows:

A participating institution for the participation period in the name of a project number 1 C project from October 1, 2015 to September 30, 2016, managing agency 2D project from October 1 to September 30, 2015 to September 30, 2016, the participating institution 3 E project from October 1 to September 30, 2015 to September 30, 2016, the participating institution 4F project from October 1, 2012 to September 30, 2016.

B. The Plaintiff agreed to comply with the B Comprehensive Support Project Operation Guidelines (hereinafter “B Business Operation Guidelines”) at the time of the instant agreement, and the main contents of the foregoing Operation Guidelines are as shown in the attached Form.

C. The agency exclusively in charge of B projects was the Korea Institute of Energy Technology Evaluation and Planning, and the Defendant’s power-based center succeeds to its business from July 2015 due to the change of the Ministry of Trade, Industry and Energy’s exclusive institution.

On March 13, 2017, the Defendant issued a notice to the Plaintiff on March 13, 2017 that KRW 30,724,137 of the aggregate of labor cost paid by participating researchers shall be recovered in accordance with Article 42 of the B Business Operation Guidelines.

E. The details of the changes in the salary of the Plaintiff employee participating in the instant B project are as shown in the attached Table of “the status of changes in salary.”

F. At the time of participation in the instant B project, the Plaintiff calculated internal personnel expenses and submitted a business plan on the basis of the salary increased at the end of the pertinent year on the premise that the Plaintiff is an institution applying the annual salary system, and received full payment of personnel expenses

However, it is based on the total amount of annual salary as a non-applicable agency of annual salary in the previous year's year's year-end tax settlement.

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