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(영문) 서울고등법원 2020.02.05 2019누41319
참여제한 및 출연금환수 처분 취소
Text

1. The plaintiffs' appeal and the preliminary claims added in the trial are all dismissed.

2. After filing an appeal.

Reasons

1. The reasons for this part of the disposition are as follows: “The instant first notification” is dismissed as “each of the dispositions in this case”; “The first notification” is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except for the modification of Article 1(g) (excluding the pertinent part) of the first instance judgment as follows; thus, the amendment is made pursuant to the main sentence of Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. As to each of the dispositions in this case on October 10, 2017, “The Plaintiffs are as follows: (g) Operational Guidelines for Small and Medium Enterprise Technology Development Support Projects (Amended by Presidential Decree No. 2018-16, Mar. 13, 2018; hereinafter “Operational Guidelines”).

() The Defendant filed an objection under Article 39(1)5. Accordingly, on September 12, 2018, after about 11 months from the date of filing the objection, the Defendant sent an explanation to the Plaintiffs on September 12, 2018, and on October 2, 2018, notified the Plaintiffs of the results of deliberation by the Specialized Committee on Objection (hereinafter “the instant notification”) with the following contents as the result of deliberation by the Special Committee on Objection (hereinafter “the instant notification of rejection”).

(i)"."

2. Judgment as to the main claim

A. 1) The Defendant’s summary of the defense of this case filed the instant lawsuit seeking revocation by deeming the notification of rejection of the instant objection as an administrative disposition. However, the notification of rejection of the instant objection to the purport that the Plaintiffs do not accept the Plaintiffs’ objection against the restriction of participation in technology development support projects and the redemption disposition already made by each of the instant dispositions. Therefore, the notification of rejection of the instant objection cannot be deemed a disposition subject to appeal litigation. 2) In light of the following circumstances acknowledged prior to the determination of the legal nature of the litigation of the primary claim portion, and the facts acknowledged prior to the determination of the legal nature of the litigation, as well as Eul’s evidence No. 4-3 and Eul’s evidence No. 7-3 as well as the purport of the entire pleadings,

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