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1. The part concerning the claim for revocation of the disposition of restitution of research funds among the lawsuit of this case shall be dismissed.
2. The Defendant’s February 23, 2018 to the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a professor of the landscape architecture of the Agricultural University at B University, and the industry-academic cooperation foundation of B University is a corporation established to take charge of the affairs relating to industry-academia-research cooperation under the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act.
Research and development expenses for the project name research period (government contributions) project C project, D project, E project F from May 1, 201 to April 30, 2012 (1 year) KRW 100 million from May 1, 201 to April 30, 2012 (2 year) KRW 100 million from May 1, 201 to April 30, 2013 (300 million from May 1, 201 to April 30, 201)
B. On April 201, an industry-academic cooperation foundation of B University entered into an agreement with the Korean Research Foundation (hereinafter “Korea Research Foundation”) that was delegated by the Minister of Education, Science and Technology (hereinafter “the instant agreement”) to carry out a research and development project (hereinafter “the instant research and development project”) as indicated below, and the Plaintiff participated in the instant research and development project as a person in charge of the instant research and development project, without distinguishing before and after the amendment from the Ministry of Science, ICT and Future Planning, which was amended by the Ministry of Education, Science and Technology on March 23, 2013. The Ministry of Science, ICT and Future Planning was changed to the Ministry of Science and ICT on July 26, 2017.
C. In accordance with the instant agreement, the Korea Research Foundation paid KRW 300 million research and development costs to the Industry-Academic Cooperation Foundation of B University, and the Industry-Academic Cooperation Foundation of B University completed all the instant research and development tasks.
From 2010 to 2014, the Plaintiff, as a researcher of the total seven research and development tasks including the instant research and development tasks, has overall control over the implementation of research tasks, such as the execution and management of research expenses.
Article 12(5) [Attachment 2] [Attachment 2] of the former Regulations on the Management, etc. of National Research and Development Projects (amended by Presidential Decree No. 23788, May 14, 2012; hereinafter “former Regulations on Management of National Research and Development Projects”).