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1. The part against the defendant in the judgment of the first instance is revoked.
2. The Plaintiff’s B business against the Defendant of KRW 1,836,568,560.
Reasons
1. Basic facts
A. The Plaintiff is a school operations institution of C University, a private university, and the D Research Institute affiliated with C University (hereinafter “Research Institute of this case”) is performing B business (hereinafter “instant business”) from around 1995.
B. On February 1, 2015, C University and the Minister of Science, ICT, and Future Planning (hereinafter “Ministry of Science, ICT, and Future Planning”) concluded a standard agreement on research and development tasks relating to the instant project (hereinafter “instant agreement”) with regard to the research and development tasks of the pertinent year during the relevant year’s research period from January 1, 2015 to December 31, 2015, the Ministry of Science, ICT and Future Planning (hereinafter “Ministry of Science, ICT, and Future Planning”) concluded a standard agreement on research and development tasks relating to the instant project (hereinafter “instant agreement”), and the main contents are as follows.
Although the Minister of Science, ICT and Future Planning and the president of the Cuniversity are indicated in the parties to the instant agreement, the parties to the instant agreement are deemed to have no dispute as to the source and the defendant.
The standard agreement on research and development tasks: The total period of research and development projects (three years) from 1995: From January 1, 2013 to December 31, 2015: From January 31, 2015 to December 31, 2015: A party to the agreement between January 1, 2015 and December 31, 2015: The Minister of Science, ICT and Future Planning: A person in charge of research and development of the research project under the control of the president of C University: The research institute under his/her control (hereinafter referred to as the "research institute of this case") shall enter into the agreement with A as follows:
Article 3 (Payment of Research and Development Expenses) (1) A shall pay the Government-funded research and development expenses to B as follows:
(A) First: 20,000,000 won (b) in February 20, 2015: 12,835,000,000 won in June 12, 2015 (Management and Use of Research and Development Expenses) ① Management and Use of National Research and Development Projects.