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(영문) 전주지방법원 2018.06.21 2016가합2498
계약금반환
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 relationship 1) The Plaintiff is a juristic person established for the purpose of waste collection, transportation, disposal, recycling, etc., and the Defendant is a juristic person established for the purpose of waste disposal, waste materials screening and crushing, waste collection and transportation, etc. in the former North Korea-gun C. 2) The Defendant was a co-owner of technology separating earth and sand using te-ROM Mel, in the production process of recycled aggregate, in which vibration is induced by presse-gras and singular oil and dividing screen (hereinafter “new technology of this case”). On July 25, 2011, the Defendant received a written certificate of D new technology and E- technology verification from the Minister of Environment for the instant technology.

B. On November 11, 2015, the Plaintiff entered into a new technology transfer/acquisition contract with the Defendant on the following terms: (a) on November 11, 2015, the Plaintiff entered into a contract for the transfer/acquisition of the status of a new environmental technology developer (hereinafter “instant contract”) with the Defendant; and (b) paid KRW 300 million to the Defendant with the transfer proceeds.

D E E D

C. Around December 2015, the Plaintiff applied for and rejected the re-issuance of a certificate issued in the name of the Plaintiff (hereinafter “instant re-issuance application”) to the competent authority to obtain the Defendant’s new technology certificate in the name of the Plaintiff (hereinafter “instant re-issuance”).

(2) However, on January 5, 2016, the competent authority rejected the Plaintiff’s re-issuance of the instant application. Article 25(2)4 of the Regulations on the Evaluation Procedures, Criteria, etc. for New Technology Certifications (transfer of business following the waiver of business related to new technology certification and technology verification) of the Regulations on the Evaluation Procedures, Standards, etc. for New Technology Certifications refers to the case where a company renounces its business related to new technology due to dishonor, closure of business, etc. In the case of the Defendant, the competent authority stated the reasons that the Defendant does not constitute the case where

The provisions of this case are as follows:

The Plaintiff’s rescission of the instant contract and the down payment.

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