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(영문) 인천지방법원 2020.12.23 2019나68490
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a business entity that operates a management service business under the trade name of “C”, and the Defendant is a business entity that operates semiconductor manufacturing business, etc.

B. On November 9, 2016, the Plaintiff and the Defendant concluded a business cooperation agreement on consulting.

(hereinafter “instant contract”). The main contents are as follows:

Article 1 [Purpose of Contract] The purpose of "A" (referring to the defendant; hereinafter the same shall apply) is to provide "B" with convenience related to consulting services, to pay consulting services costs, and "B" with the aim of faithfully implementing the contents of consulting so that they can achieve the objectives of requesting consultation of "A".

Article 2 [Details and Objectives of Consultation] (1) Contents: R&D technology development subsidies (2): Objectives is to achieve the objective of the filing, such as registration/application of the results recognized as A in relation to the contents of the above paragraph (1) to the government project management organization and designation at the time of presentation.

Article 3 [Consultations Fees and Method of Payment] (1) "A" shall pay the following fees to "B":

(Provided, That the value-added tax is set aside) - Expenses: The commencement of the R&D technology development subsidy shall be substituted by KRW 1.5 million for financial products.

10% of the successful remuneration for R&D technology development support fund and 50% C shall be refunded in the event of lack of consulting.

(2) "A" shall pay expenses incurred in proceeding with "B" after consultation.

In the event of substitution with financial products, the commencement of business from the time of accession, and the maintenance period shall be at least 24 months, consulting expenses, certification expenses, payment fees, etc. shall be borne by "A" when it is not maintained.

Article 4 (Period of Consultation) (1) Period of practice shall be from November 09, 2016 to the period of achievement of objectives within one year.

Provided, That all additional duties, such as the subsidies of the Ministry of Labor, shall continue until they are subsidized.

Article 7 [Effect, Termination, and Termination of Contracts] (2) The liability of “B” is due.

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