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(영문) 대전지방법원 2019.09.26 2018구합103876
중소기업기술개발 지원사업 참여제한 및 출연금 환수처분 취소청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation established for the purpose of system and applied software development and supply business.

Project name: Category project name: The total technology development project cost (unit: 12 months from July 1, 2013 to June 30, 2014) total amount of the government-invested private contributions (unit: 106,700 5,340 5,340 21,360 26,700 project name: The name of representative director E in the Plaintiff’s position;

B. The head of the agency B published the C Implementation Plan on February 13, 2013.

On July 23, 2013, the Plaintiff submitted a business plan regarding the task called “D” (hereinafter “instant task”) upon filing an application pursuant to the foregoing publication, and concluded an agreement on the development of technology with the Defendant (hereinafter “instant agreement”) on the same day.

C. On August 1, 2017, the Defendant notified the Plaintiff and E of the results of the deliberation by the Special Committee on Small and Medium Enterprise Technology Development Support Projects, stating that the Plaintiff may not participate in the Small and Medium Enterprise Technology Development Support Projects for three years from August 10, 2017 to August 9, 2020, and recover KRW 76,540,315, excluding the settlement amount among the government contributions, on the grounds that the Plaintiff constitutes “where the research and development process is conducted unfaithfully and its results are extremely poor.”

(hereinafter “instant original disposition”) D.

The Plaintiff filed an objection against the original disposition of this case, and the Defendant notified on April 3, 2018 that the foregoing objection is dismissed after deliberation by the Special Committee on Objection.

(hereinafter referred to as “instant objection”). E.

On June 19, 2018, the Plaintiff filed an appeal seeking revocation of the instant objection with the Central Administrative Appeals Commission, but was rendered a rejection ruling on August 14, 2018.

[Reasons for Recognition] Uncontentious Facts, Gap 1, Eul 1-3, 7, 8 (including branch numbers, if any), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The gist of the defense of this case is that of this case.

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