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(영문) 대전고등법원 2016.11.17 2016누10662
연구비 환수 등 처분 취소
Text

1. On December 11, 2014, upon a claim for change in exchange at the trial, the Defendant’s 606,000.

Reasons

1. Details of the disposition;

A. The Plaintiff A University Industry-Academic Cooperation Foundation (hereinafter “Plaintiff-Academic Cooperation Foundation”) is a juristic person established under the former Industrial Education Enhancement and Industry-Academic Cooperation Promotion Act (amended by Act No. 7869 of March 3, 2006), Plaintiff B is the Plaintiff’s chemical department and professor of the secondary college of the A University, and the Defendant is a juristic person established under the Korean Research Foundation Act.

B. On January 16, 2013, the Defendant publicly announced the support program for middle-standing researchers in the year 2013 and publicly recruited new tasks.

C. On February 19, 2013, the Plaintiff-academic partnership subscribed to the instant new tasks as a research task called “C” (hereinafter “the instant research task”) by designating a person in charge of research as Plaintiff B, and the Defendant selected the instant research task as a subject of support.

Plaintiff

On June 1, 2013, the Industry-Academic Group and the Defendant concluded the Convention on Research and Development Projects concerning the Research Projects in this case (hereinafter “the Convention of 2013”) and the main contents are as follows.

1) Convention research and development costs: The total research and development period of the first year (the relevant year), government contributions of KRW 303,00,000,000 for the second year, KRW 303,000 for the third year, KRW 909,000 for the third year, and KRW 300,000 for the third year: the research period of the multi-year agreement from June 1, 2013 to May 31, 2016: the research period of the relevant agreement from June 1, 2013 to May 31, 2016: the Plaintiff; the supervising research officer from June 1, 2013 to May 31, 2016: the supervising research officer from June 31, 2013 to May 31, 2014:

E. On June 1, 2014, Plaintiff Industry-Academic Group and the Defendant entered into an agreement on the research and development task of the instant research task (hereinafter “instant agreement”) with respect to the research task, and the main contents are as follows.

1) Conventional research and development costs: The total research and development period of government contributions in the first year, 303,00,000,000 won in the second year (the pertinent year), 303,00,000 in the third year, 909,000,000 in the aggregate: 3) the research period of the multilateral agreement from June 1, 2013 to May 31, 2016: the research period of the relevant agreement from June 1, 2013 to May 31, 2016: the research period of the relevant agreement from June 1, 2013 to May 31, 2016:

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