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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On April 15, 2012, the Plaintiff entered into a research agreement on a forest science and technology development project (a plan) with the Defendant to receive a total of KRW 600,000,000,000 (hereinafter “instant research and development project”) during the research and development period from April 15, 2012 to April 14, 2016 with respect to the research task “B” (hereinafter “B”), and received a total of KRW 591,183,000 research and development expenses from around that time to April 2015 in accordance with the said agreement.
B. Around December 2016, a civil petition was filed with the Anti-Corruption and Civil Rights Commission that the researchers of the instant research project did not pay the personnel expenses of the students who participated in the research. Accordingly, the Minister of Education notified the Plaintiff of the result of conducting an audit on the instant research and development project, which was conducted on May 10, 2017, that the Minister of Education notified the Plaintiff that the participating researcher, the forest science and the assistant professor C would pay for the students who participated in the research from 2012 to January 2016, he/she would not pay the student personnel expenses or withdraw part of the expenses, and that the Plaintiff would take measures in accordance with the relevant provisions.
The Minister of Education also requested the defendant on the same day to take measures according to the above audit results and audit results.
C. On September 14, 2017, the Defendant issued a disposition to recover project costs of KRW 38,969,230 on the ground that the Plaintiff used research and development costs for any other purpose.
[Based on Recognition: Gap evidence 3, 10, 11, and Eul evidence 1 and 2 (including additional numbers)]
2. The gist of the Plaintiff’s assertion is that the Plaintiff did not use research and development expenses for any other purpose, and C professor consumeds research and development expenses for private purposes, and the instant disposition is about C Professor’s misconduct.