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(영문) 서울고등법원 2020.08.21 2019누40668
정부출연금환수처분취소
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. Details of the disposition;

A. 1) On January 12, 2015, the Administrator of the Small and Medium Business Administration (the President of the Small and Medium Business Department of the current Small and Medium Enterprise) (the Minister of Small and Medium Business) published the E Public Notice in 2015 (No. 1) stating “Support for Small and Medium Enterprises wishing to develop new products and strengthen research and development capacity through joint research and development projects conducted by universities and research institutes” and posted the Public Notice in 2015

(2) The Plaintiff was designated as a specialized institution pursuant to the “Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act”. (2) The Plaintiff is a corporation established for the purpose of taking charge of the affairs related to industry-academic cooperation of its affiliated educational foundation under the “Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act, which is equipped with D excellent research base, among those eligible for support for industry-academic cooperation development projects under the above paragraph (1), to participate in the projects supporting industry-academic cooperation

(C) On December 18, 2015, the term “F” task (hereinafter “instant task”) between C and a participating enterprise (D) is deemed as the participating enterprise.

(ii) the Convention for the Implementation of the Convention (hereinafter referred to as the “instant Convention”);

(3) The head of a participating institution and a resident enterprise (representative) shall keep the relevant documents on a regular basis in accordance with the Guidelines for the Development of Technology of Small and Medium Enterprises and the Technology Development of D-based Enterprises Act and the Guidelines for the Development of Technology of Small and Medium Enterprises Act. Article 2 (Implementation of Projects) (1) The purpose of this Convention is to efficiently promote projects and innovation of D-based technology development capacity in accordance with the project development plan of D-based enterprises under Article 1(1) of the above Convention. The head of a participating institution and resident enterprises (representative) shall carry out projects in good faith in accordance with the agreement, project development plan and project cost application, and shall keep the relevant documents.

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