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(영문) 서울행정법원 2018.11.26 2018구합56732
기술료 환급 등 불허 처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that manufactures new and renewable energy-related equipment.

The Korea Institute of Energy Technology Evaluation and Planning is a corporation established on May 4, 2009 pursuant to Article 13 of the former Framework Act on Energy (wholly amended by Act No. 9931 of Jan. 13, 2010), which runs the planning, evaluation, management, etc. of energy technology development projects.

B. Around December 2008, the Plaintiff entered into a new and renewable energy technology development project agreement (hereinafter “instant agreement”) with the Minister of Knowledge Economy and the Director of the New and Renewable Energy Center (hereinafter “the instant project”).

The main contents of the instant agreement are as follows.

From December 1, 2008 to September 30, 201, government subsidies for technology development project: Total 10,300,000,000 won (=2,80,000,000 won for the first year (3,700,000,000 for the second year of the second year) for the third year: Total amount of KRW 3,820,000,000 for the development of new and renewable energy technology (=1,410,000,000 for the second year of the second year of the second year), the Plaintiff’s representative (hereinafter referred to as “Plaintiff and the responsible institution for the development of new and renewable energy technology”) for the development of new and renewable energy technology and its management guidelines should be implemented in accordance with the Plaintiff’s project plan and its management guidelines.

Article 9 (Cancellation of Agreements) (1) The Minister of Knowledge Economy, the director of a new and renewable energy center, and the plaintiff may cancel this Agreement, respectively, if the other party seriously violates this Agreement.

(2) The director of a new and renewable energy center may cancel this agreement with approval of the Minister of Knowledge Economy where any of the following causes arises:

1. Where the target of the technology development for the relevant task is achieved by another technology development project, and it is no longer necessary to continue the technology development;

2. Important matters recognized by the president of the new and renewable energy center.

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