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(영문) 서울서부지방법원 2017.08.23 2017가합31692
연구개발비반환
Text

1. The Defendant shall pay to the Plaintiff KRW 210,00,000 and the interest rate of KRW 15% per annum from March 9, 2017 to the date of complete payment.

Reasons

Facts of recognition

(1) On March 31, 2016, the Plaintiff entered into an agreement on environmental technology development projects with the Korea Environmental Industry and Technology Institute affiliated with the Ministry of Environment and the “Environmental Satellite Body Development” at KRW 1,463,00,000 for the development period from April 1, 2016 to March 31, 2017; and (2) on March 29, 2016, the Plaintiff entered into an agreement on environmental technology development projects with the Defendant on March 29, 2016, with respect to the “environmental satellite Material Integration Development” task among the above tasks, from April 1, 2016 to March 31, 2017, the Plaintiff paid KRW 150,00,000 for research and development expenses (hereinafter “instant agreement”); and paid the Defendant research and development expenses to the Defendant on April 10, 2015.

The Korea Environmental Industry and Technology Institute (hereinafter “Korea Environmental Industry and Technology Institute”) conducted on November 9, 2016 on a field survey on the Defendant’s research task, and notified the Plaintiff of the suspension of the execution of research and development expenses on November 17, 2016. (2) The Plaintiff notified the Defendant of the suspension of the execution of research and development expenses on November 17, 2016. (3) On November 18, 2016, the Plaintiff notified the termination of the instant contract on the grounds of the Defendant’s deterioration of management and the diversion of research expenses. (4) The termination notification was sent to the Defendant around that time.

(1) On January 15, 2017, the Minister of Environment issued a disposition to recover 150,000,000 won for research and development expenses and impose a penalty surcharge of KRW 60,00,000 on the Plaintiff on the grounds of Article 11-2 of the Framework Act on Science and Technology, Article 27 of the Regulations on the Management, etc. of National Research and Development Projects, and Article 41 of the Environmental Technology Development Project Operation Regulations. (2) On February 15, 2017, the Plaintiff returned to the Korea Environmental Industry and Technology Institute a total of KRW 210,00,000,000.

[Reasons for Recognition] Unsatisfy, Each entry in Gap evidence 1 through 15 (including each number), and the purport of the whole pleadings

A. Article 7(1) of the instant contract.

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