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(영문) 대전지방법원 2018.05.02 2017가합101694
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is the professor of B University, and the defendant is a corporation established with the purpose of supporting academic and research and development activities and related human resources development and utilization in accordance with the Korean Research Foundation Act, effective June 26, 2009.

(The Defendant succeeded to all the rights and duties of the Korea Science Promotion Foundation under the above Act, and the Plaintiff agreed to receive research support from the Korea Science Promotion Foundation, but hereinafter referred to as the “Defendant”). The Plaintiff agreed to receive 10,200,000 won of the total research cost during the research period from July 1, 2006 to June 30, 2009 (hereinafter referred to as the “instant research”).

(hereinafter “instant Convention.” Of the instant research expenses in suspension of payment and return of the research expenses, personnel expenses were paid to two researchers per capita per month until December, 2008. A total of KRW 48,000,000 for each research assistant.

Around December 2008, the Defendant requested the Plaintiff to change the research assistant, under Article 25(5) of the “The Guidelines for the Management of Scientific Research Tasks in 2006 (hereinafter “Administrative Guidelines”)”, that the Plaintiff is a high school teacher D, a research assistant, and E, a representative director of the corporation.

However, as the Plaintiff did not change a research assistant, the mountain cooperation team of the B-university entrusted by the Defendant to pay research expenses (hereinafter “B-university”) shall suspend the payment of personnel expenses for the research assistant from January 1, 2009, and the Defendant demanded on May 6, 2009 to return all labor expenses for the research assistant paid to B-university.”

On December 24, 2009, B University returned KRW 9,600,000 to the Defendant, which was suspended on December 24, 2009.

In addition, the defendant conducted on-site inspections from April 5, 2010 to April 6, 2010, and again conducted on-site inspections to B University on April 29, 2010.

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