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(영문) 대전지방법원 2019.08.29 2018구합102439
중소기업기술개발 지원사업 참여제한 및 출연금 환수
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a corporation established for the purpose of wholesale, retail, and distribution of medical devices, and the Plaintiff Company B is an internal director of the Plaintiff Company.

B. On March 27, 2013, the Administrator publicly announced the E Act, and the Plaintiff Company submitted to the head of the D on May 7, 2013 a written application and a project plan to “F” (hereinafter “instant task”); from June 1, 2013 to May 31, 2014; from June 1, 2013 to May 31, 2014; and from a cooperation institution G University Industry Cooperation Foundation (H).

Project name: A project name: A total period of technology development: B from October 1, 2013 to September 30, 2014 (total 12 months): Plaintiff B

C. On December 11, 2013, the Defendant entered into an agreement with the Plaintiffs on technology development projects for small and medium enterprises (hereinafter “instant project”). D.

On October 11, 2017, the Defendant notified the Plaintiffs of the results of deliberation by the J Specialized Committee stating that the Plaintiffs’ participation in the small and medium enterprise technology development support projects for three years from October 13, 2017 to October 12, 2020, and that the Plaintiff Company would recover KRW 97,601,497, excluding the settlement amount from the government contributions.

(hereinafter “the original disposition of this case”). (e)

The plaintiffs filed an objection against the original disposition of this case, and the defendant notified on March 15, 2018 that the above objection is dismissed after deliberation by the Special Committee on Objection.

(hereinafter referred to as “instant objection”). [Grounds for recognition] . [This case’s objection .] . Entry in Gap’s 1 through 4, 6 through 9, 12, Eul’s 1, 2, and 3 (including branch numbers, if any) and the purport of the whole pleadings.

2. Judgment on the main defense of this case

A. The gist of the objection of this case is to accept the objection filed by the plaintiffs on the premise that the decision of this case remains intact.

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