1. The instant lawsuit shall be dismissed.

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

Facts of recognition

On May 30, 2012, the Plaintiff applied for the “C” task (hereinafter referred to as the “instant task”) in the “B Project” from the Daegu-do Small and Medium Enterprise Office (hereinafter referred to as the “instant Support Project”). The Plaintiff was selected as a joint research institution for the instant Support Project.

On June 9, 2012, the Plaintiff and Daegu Metropolitan City, Daegu-do Small and Medium Enterprise Office, Defendant, and Gyeongbuk-do University Industry Cooperation Foundation entered into a standard agreement on the instant support project with the total project amount of KRW 476,312,00 (Government subsidies of KRW 357,234,000) on June 1, 2012 to May 31, 2014, and the total project amount of KRW 476,312,00 (Government subsidies of KRW 119,078,00).

The Plaintiff performed the instant support project and filed a patent application with the Korean Intellectual Property Office for the D “E”, and the said divisional system was registered with the F Patent.

The Reassessment Committee of the instant Support Project under the Defendant’s affiliation requested the Plaintiff to submit a test report on the subject matter and accordingly, on November 14, 2014, the Plaintiff requested a test report to the Daegu Machinery Parts Research Institute, a foundation, to undergo a test report on the relevant research institute on November 27, 2014.

The Reassessment Committee of the Support Project in this case evaluated that the plaintiff performed the task successfully based on the above Reassessment Report.

However, on November 20, 2014, the Plaintiff was investigated by the Daegu Provincial Police Agency from around 2014 on the suspicion that the project cost for the instant support project was appropriated for the consulting cost, personnel expenses, and manufacture cost of prototypes.

On December 16, 2014, the Plaintiff was investigating the Daegu District Court Branch Decision 2014No2146, the Plaintiff’s “The State subsidy related to the instant support project was unduly granted from August 17, 2012 to May 30, 2014,” and thus, the Plaintiff’s authority having jurisdiction over the Republic of Korea to deposit the victim with the State subsidy as the cause of deposit.”