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(영문) 수원지방법원안양지원 2015.01.14 2014가단17839
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 56,239,52 and the interest rate of KRW 20% per annum from August 25, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established to support the planning, management, and evaluation of research and development projects of science and technology for food, agriculture, fisheries, and food under the Science and Technology Promotion Act.

B. Around December 2010, the Plaintiff entered into an agreement with the Defendant on a research and development task for “the development and commercialization of technology for the long-term storage of the laver-laver-laver-laver-laver-laver-laver-laver-laver-laver-laver-laver-laver-laver-laver-laver-laver (hereinafter “instant agreement”) and paid 120,000,000 each of the government-invested research and development expenses for the first year (201) and second year (20

C. However, from February 24, 201 to August 25, 2011, the research period of the first year, the Plaintiff discovered the fact that the Defendant temporarily diverted the total amount of KRW 431,00,000,000, totaling 12 times during the period from February 25, 2011.

Accordingly, the Plaintiff decided to recover KRW 13,846,200 equivalent to 30% of the amount temporarily used to the Defendant by a resolution of the Sanctions Committee, and notified the cancellation of the instant agreement.

E. The balance of the government contributions in the second year following the cancellation of the instant agreement is KRW 42,393,322.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. Relevant provisions of the relevant provisions of the Convention between the Plaintiff and the Defendant, the recovery measures notified by the Plaintiff to the Defendant, and the regulations on the operation of agricultural, forestry and food research and development projects, which are the grounds for termination of the Convention

Article 2 (Implementation of Research and Development) (1) (1) (Defendant) and Cick shall have the authority and responsibility under Article 27 (2) and (3) of the Regulations on the Management of Agricultural, Fisheries and Food Research and Development Projects (hereinafter referred to as the "Operation Regulations") in good faith.

Article 4 (Management and Use of Research and Development Expenses) (2) (Defendant) shall be subject to “Calculation and Use Criteria for Research and Development Expenses by Items” in the attached Table of Management Standards.

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