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(영문) 서울고등법원 2020.1.17.선고 2019누54278 판결
참여제한및환수처분등취소
Cases

2019Nu54278 Revocation of restrictions on participation, recovery, etc.

Plaintiff and Appellant

1. A stock company;

B Representative Director

2. B

[Judgment of the court below]

Defendant, Appellant

The Minister of Science and ICT

Park Jong-sung et al.

Government Legal Service Corporation (Law Firm LLC)

Attorney Cho Jin-hwan

The first instance judgment

Seoul Administrative Court Decision 2018Guhap71342 decided July 26, 2019

Conclusion of Pleadings

December 6, 2019

Imposition of Judgment

January 17, 2020

Text

1. All appeals filed by the plaintiffs are dismissed. 2. The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

The judgment of the first instance is revoked. The defendant's judgment against the plaintiffs on May 25, 2018 is revoked one year (period: July 2018).

13.207.12.2017.7.201.

53,000,000 won for non-use of project costs and additional monetary sanctions; 28,000,000 won for non-use of project costs;

All the disposition of imposition shall be revoked.

Reasons

1. Quotation of the reasons for the judgment of the first instance;

The reasons to be stated in this judgment are as stated in the reasoning of the judgment of the first instance except for any addition or deletion by the following: therefore, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the text of Article 420 of the Civil Procedure Act.

Part 4, 17, and 18 of the first instance court's decision "ros to incur costs for the purchase and development of main task and components," "the costs for the purchase and development of parts and the payment of the pre-payment of the pre-payment of the pre-payment of the pre-payment of the pre-payment of the cost for the purchase and development of the parts and components, or for the pre-payment of the cost for the purchase and development of parts, 8, 13, and 14" "the costs for the pre-payment of the cost for the purchase and development of parts or the cost for the purchase and development of the parts, or for three non-party payment of the research institute C," respectively, and "credit" of the first instance court's decision No. 9, No. 17, and the first instance court's decision No. 17, "the payment" was made in the first instance court's decision to the effect that there was a defect in its reasoning, such as omitting Article 45 of the Framework Act on Science and Technology, which is the basis of the plaintiffs's appeal.

Part 8, No. 17, and No. 18 of the judgment of the first instance court, "this is different from the use of the plaintiff's assertion."

2. Conclusion

The plaintiffs' claim of this case is dismissed in entirety as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiffs' appeal is dismissed in entirety as it is without merit.

Judges

Judge Lee Jae-young

Judges Lee Jae-chul

Judges Kim Jong-sik

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