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(영문) 서울고등법원 2013.11.29 2013나29358
부당이득금반환
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. The reasoning of the court in this case is as stated in the reasoning of the judgment of the court of first instance, except where the relevant part of the judgment of the court of first instance is cited as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

The actual contents of the 2nd page 9 and 10, "Act No. 7869, Mar. 3, 2006", shall be read as "Act No. 8708, Dec. 21, 2007," respectively.

The actual contents of the tax shall be as follows: “No. 9931” in Part 2 shall be read as “Energy Act No. 9931.”

The actual contents of the 12th through 14th shall be as follows.

2) First of all, the instant management regulations and the instant overall management guidelines define “institution in charge of research and development” as “institution in charge of managing research and development tasks” (Article 2 of the instant management regulations, Article 3 of the Guidelines for Integration of this case), and Article 3 of the Guidelines for Integration of this case provides that the subject exempt from obligation to pay royalties is simply the institution in charge of managing technology development projects by integrating the relevant tasks among the relevant institutions in charge of research and development projects, etc., and the relevant institution in charge of general management is also engaged in overall management of technology development projects. Therefore, the Plaintiff’s provision on exemption from obligation to pay royalties may be deemed to fall under the “institution in charge” as the subject exempt from obligation to pay royalties. However, in light of the purport of the provision on exemption from obligation to pay royalties, relationship between the instant overall tasks and the respective detailed tasks, status and role of the Plaintiff, the Plaintiff’s position, and the provisions of the instant overall agreement and each detailed agreement, etc., it is difficult to deem otherwise exempt from obligation to pay royalties to the institution in charge of research and development projects contributed to the electric industry.

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