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(영문) 서울중앙지방법원 2015.04.08 2014나40939
정산금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 1, 2009, the Korea Institute of Design Promotion concluded an agreement with the Defendant on the technical development task of “C” (hereinafter “instant agreement”) and paid the Defendant the Government contributions worth KRW 230 million (hereinafter “instant project costs”).

The following are applicable to the contents of the instant agreement.

1) The total period of technology development is from March 1, 2009 to September 30, 2009, and the cost of technology development projects is KRW 230 million with the government contributions. 2) The Korea Design Agency shall pay the government contributions out of the cost of technology development projects for the instant task to the deposit account recorded in the project cost claim submitted by the Defendant at the time of the conclusion of the instant agreement.

(Article 5(1). The defendant shall establish a technology development project expense card connected to the above deposited account in accordance with the procedure and method determined by the Korea Institute of Design Promotion, and use and manage the technology development project fund with the duty of due care as a good manager.

(4) Article 5(4)3 of the Korea Institute of Design Promotion may recover all or part of the contributions already paid according to the cause attributable to the Defendant’s spending for a purpose other than its original purpose. The grounds and procedures for redemption, and the detailed matters concerning the grounds and criteria therefor shall be as prescribed by the guidelines for common operation of knowledge and economy technological innovation projects (Notice of the Minister of Knowledge Economy), the guidelines for evaluation of technology development projects (Notice of the Minister of Knowledge Economy), the guidelines for calculation, management and use of, and settlement of the project cost for knowledge and economy technological innovation projects ( Notice of the Minister of Knowledge Economy), and other annexed regulations (Article 13(2) and (1)(e). (b) The former Promotion of Industrial Technology (amended by Act No. 9369 of Jan. 30, 200) (amended by Act No. 9369 of Jan. 30, 209) succeeded to all research and development projects and the rights and obligations related thereto conducted by the Korea Institute of Design Promotion under Article 6 of the Addenda.

(c) it;

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