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(영문) 대전지방법원 2020.12.03 2019구합108229
중소기업기술개발 지원사업 참여제한 및 출연금 환수처분 등 무효확인
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 25, 2016, the Administrator of the Small and Medium Business Administration (former Minister of SMEs and Startups) designated a specialized institution B as “C public announcement” and the Plaintiff was selected as an eligible institution by supporting the said public announcement.

B. On August 1, 2016, the Plaintiff entered into an agreement on the Technology Development Project for Small and Medium Enterprises (hereinafter “instant agreement”) between the Defendant and the Defendant on August 1, 2016 with the name of the business, the name of the task refers to “D business,” “private Internet,” which is a space for E objects (hereinafter “instant task”), and the period of technological development from July 1, 2016 to June 30, 2017, and received KRW 154,000,000 from B as government contributions.

C. The main performance indices presented by the Plaintiff as the final technology development objective in the business plan concerning the instant task at issue and the method of proving the results are as follows.

F

D. After that, on August 17, 2017, the Plaintiff submitted a final report on the technology development project of small and medium enterprises with the purport that the instant task was completed, and the said final report included only “5. Radio wave certification” and “electric safety certification” in relation to the main performance index items of the instant task, which the Plaintiff intended to submit a test report of a certified testing certification institution as a means of proving the results of measurement among the main performance index items of the instant task, and attached the receipt of the request to the Korea Industrial Technology Laboratory.

E. The Defendant, following the final evaluation by the final evaluation committee on November 8, 2018, on the instant task: The Plaintiff’s opinion on the evaluation of failure:

1. Appropriateness of the course of development of technology - although the content of the development of technology is stated in the final report, there is no presentation of research notes data, and the supervising agency has developed E and no presentation has been made as a result of work division or survey conducted by the entrusting agency.

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