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(영문) 대전고등법원 2016.11.17 2016누12231
불성실실패 등 취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The plaintiff filed a lawsuit in this case to seek the confirmation or revocation of the invalidity of each disposition stated in the above purport of the claim. The court of first instance has claimed the above purport of the claim.

A. Each disposition described in paragraphs (1) and (3) above

A. (2) All of the claims are dismissed on the grounds that it cannot be deemed a separate disposition from the disposition as described in (2) (hereinafter “instant disposition”). On the other hand, the part of invalidity confirmation of the instant disposition was accepted only, and on the ground that the Plaintiff’s claim was accepted as a whole through invalidity confirmation of the instant disposition.

B. No further determination was made on the part.

Therefore, since only the Defendant appealed against the Defendant in the judgment of the first instance, the scope of the instant judgment is limited to the lawfulness of the instant disposition, namely, whether the Defendant’s restriction on participation as of March 13, 2015 with respect to the Plaintiff’s projects for supporting research researchers, and whether the Defendant’s measures for recovery of KRW 144,761,47 are lawful.

2. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows. The reasoning of the judgment of the court of first instance cited by the court of first instance is that “ May 26, 2015,” “In May 27, 2015,” “in May 27, 2015,” “in May 27, 2015,” and the Defendant’s assertion that the Defendant has repeatedly emphasized in the trial of first instance is identical to the ground of the judgment of the court of first instance except for adding the judgment following paragraph 3. Therefore, it is cited by Article

3. The addition;

A. The defendant's assertion (1) The plaintiff is a third party who is not the other party to the disposition of this case, and is not a person whose legal interest has been infringed due to the disposition of this case, and therefore there is no standing to sue against the legitimacy

(2) According to the provisions of Articles 11(4) and 11-2(9) of the Framework Act on Science and Technology, Article 27(6) and (8) of the Regulations on the Management, etc. of National Research and Development Projects (hereinafter “Management Regulations”).

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