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(영문) 서울고등법원 2015.05.14 2014재누305
국가연구개발사업참여제한처분취소등
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of litigation shall be borne by the Plaintiff (Plaintiffs).

Reasons

1. The following facts are either of the parties to a dispute or of a record:

On April 2, 2012, the Defendant (hereinafter “Defendant”) rendered a disposition to recover project costs of KRW 385,165,147 against Plaintiff (Plaintiff, hereinafter “Plaintiff”) Co., Ltd. (hereinafter “Plaintiff”) for redemption of KRW 385,165,147, and made a disposition to restrict the Plaintiffs to participate in national research and development projects for three years.

B. On May 1, 2012, the Plaintiffs filed an administrative litigation against the Defendant seeking revocation of the above dispositions, and the Seoul Administrative Court rendered a judgment dismissing the Plaintiffs’ claims on November 1, 2012.

(Seoul Administrative Court 2012Guhap13900). (c)

The plaintiffs appealed, and the Seoul High Court rendered a judgment dismissing the plaintiffs' appeal on July 17, 2013.

(Seoul High Court 2012Nu36776). d.

The plaintiffs appealed. On December 27, 2013, the Supreme Court rendered a judgment dismissing the plaintiffs' appeal.

(Supreme Court Decision 2013Du18476). 2. Plaintiffs’ assertion and determination

A. The Plaintiffs asserted that the “final Report on Commercialization-Linked Technology Development Project (R&BD) Final Report” submitted by the Defendant to the Seoul High Court 2012Nu3676 was forged, and that there exists a ground for a retrial under Article 451(1)6 of the Civil Procedure Act (when documents and other articles as evidence of the judgment were forged or altered) in the judgment subject to a retrial, the judgment subject to a retrial should be revoked.

B. A suit for a retrial on the grounds of reasons for retrial under Article 451(1)6 of the Civil Procedure Act is instituted only when a judgment of conviction or a judgment of imposition of a fine for negligence has become final and conclusive on the forgery or alteration of documents as evidence of the judgment, or a final and conclusive judgment of conviction or imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence (Article 451(2) of the Civil Procedure Act), and Chapter 7 of the “Final Technology Development Project (R&BD)” asserted by the Plaintiffs.

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