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(영문) 서울고등법원 2018.05.29 2017누57310
참여제한처분 및 환수처분 취소
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. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the part added or added below, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

5 pages 5 of the judgment of the court of first instance (excluding gambling part; hereinafter the same shall apply) add “the grounds under Article 11-2(1)1 of the former Industrial Technology Innovation Promotion Act (amended by Act No. 14592, Mar. 14, 2017; hereinafter “former Promotion Act”) to the Plaintiff.”

The following shall be added at least 5 pages 6 of the judgment of the first instance:

G. For the first time, the Defendant added Article 11-2(1)3 of the former Promotion Act to the grounds for disposition on the ground that the Plaintiff’s waiver of the performance of the research and development task without justifiable grounds.

Part 6 of the judgment of the court of first instance, "common operational guidelines" shall be adopted in accordance with "Guidelines for Evaluation and Management of Technology Development".

The 10th 10th 7th 10th 10 of the judgment of the first instance (hereinafter referred to as the "former Promotion Act") shall be defined as the "Gu Promotion Act", and the 5th 7th st st , 9 7th , 12, 10 second 2, 12th 11th 12 as the "Gu Promotion Act".

The 11th to 12th of the 11th of the judgment of the first instance shall be followed as follows.

In addition, according to the overall purport of evidence and arguments Nos. 21, 25 through 39, the Plaintiff achieved most of the items except for the items of "technology development" and "request for the purchase of inspection equipment" among the items of "technical development" among the items of "technical development" and "commercialization technology development" among the development objectives of the second-stage second-stage second-stage second-stage second-stage second-stage second-stage second-year development, and it is recognized that the Plaintiff’s own budget inputs approximately KRW 1 billion after the suspension of the instant project, and the Defendant asserted that the materials submitted by the Plaintiff cannot be trusted, but there is no sufficient ground to support the above assertion.

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