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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D, an incorporated foundation under the Ministry of Trade, Industry and Energy, (hereinafter “D”) selected the Plaintiff as an institution in charge of E business on September 28, 2019, and supported the Plaintiff’s KRW 3.77 billion from October 1, 2009 to April 30, 2012.
B. (1) On January 1, 2010, the Plaintiff entered into a technical service agreement with Defendant B Research Institute and the name of the task, “F,” “F,” “ 29.7 million won,” and ② a technical service agreement with Defendant Cuniversity Industry-Academic Cooperation Foundation and entered into a technical service agreement with the term “G”, “ 39.6 million won,” and “each of the said technical services agreement” (hereinafter referred to as the “
() On March 5, 2010, Defendant B Research Institute KRW 1,485,00,000 for advance payment, KRW 1,9880,00 for Defendant Cuniversity Industry Cooperation Foundation, and the remainder on April 20, 2010 for Defendant B Research Institute KRW 1,485,00 and KRW 1,980,00 for each service payment (hereinafter “the instant service payment”) refers to the instant service payment.
(2) Around March 2010, the Defendants submitted a final report under each of the instant service contracts (hereinafter “instant final report”) to the Plaintiff, and the said final report is identical in content.
C. 1) On December 2013, 2013, the Ministry of Trade, Industry and Energy demanded D to recover a total of KRW 69,300,000,000,000 from the Plaintiff on the ground that “The above final report was prepared and submitted with the same content, but the Plaintiff’s person in charge of the Plaintiff paid the service payment to the Defendants without examining whether the contract was performed or not, and the Defendants registered the participating researcher as an external advisory researcher without calculating the personnel expenses of the participating researcher and acquired it by means of a simple method.” (2) The Plaintiff returned the service payment to D on March 2014 upon D’s request.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.