Plaintiff

B The appeal shall be dismissed.

Plaintiff

The appeal by A University Industry-Academic Cooperation Foundation and the defendant are all dismissed.

The grounds of appeal are examined.

1. The plaintiff B's ex officio appeal on the appeal is to seek revocation or alteration of the judgment disadvantageous to himself/herself in favor of him/her. Therefore, the appeal on the appeal against the judgment below in favor of the plaintiff B cannot be allowed as it has no benefit of filing an appeal.

In principle, whether or not a judgment is disadvantageous to appellant shall be determined by the standard of the judgment, and if an appellant's assertion was accepted and won, there is no benefit in appeal even if there is a complaint for the reason of the judgment

(see, e.g., Supreme Court Decision 2009Du355, Jun. 30, 201). While Plaintiff B won all the claim seeking revocation of each of the instant dispositions of restriction on participation in the lower court, it only filed an appeal on the ground that the Defendant’s respective dispositions of recovery against Plaintiff A University Industry Cooperation Foundation (hereinafter “Plaintiff Cooperation Agency”) were unlawful.

Therefore, Plaintiff B’s appeal is unlawful as there is no benefit in appeal.

2. Judgment on the grounds of appeal by the Plaintiff Cooperation Agency

A. The grounds of appeal Nos. 1 and 2 are not the case where the student research institute created and managed the joint management amount on a voluntary basis, and the case where the plaintiff B used the joint management amount managed through E as the expenses for the operation of the research institute constitutes the case where the contribution was used for any purpose other than the research purpose, and it is merely an erroneous ground of appeal.

B. Article 11-2(1)5 of the former Industrial Technology Innovation Promotion Act (amended by Act No. 14592, Mar. 14, 2017; hereinafter “Promotion Act”) provides that an institution, organization, company, etc. participating in a project for the development of industrial technology may recover all or part of the project cost already contributed by the Minister of Trade, Industry and Energy where the government-invested funds are used for any purpose other than research and development costs.