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(영문) 서울행정법원 2018.09.20 2017구합69120
출연금환수 및 참여제한처분 취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Plaintiff A (hereinafter “Plaintiff A”) is a company engaged in software development and sale business, and Plaintiff B is the representative director of that company.

Plaintiff

C. An industry-academic cooperation foundation for the C University (hereinafter referred to as the "Plaintiff-academic cooperation foundation") is a corporation established to administer the business affairs related to the industry-academic cooperation of the C University, and the Plaintiff D is a professor of the emergency department of Cuniversity

The defendant is an agency that performs duties on behalf of the Minister of Trade, Industry and Energy regarding planning, evaluation, and management of the national research and development industry, regional industry support industry, etc.

B. Around November 2015, the Plaintiffs submitted to the Defendant a business plan regarding “F” (hereinafter “instant task”), which was conducted as part of the “F-led regional-led technology development projects for economic cooperation sphere industry,” and concluded an agreement with the Defendant on the instant task on December 2015.

(hereinafter “instant Convention”). The instant Convention is the Defendant and the management agency is G institution.

The main points of the project plan are as follows:

The title of the task: Plaintiff A and the general manager: Plaintiff B’s participating institution: The total implementation period of Plaintiff B’s Industry-Academic Cooperation Foundation (Plaintiff D), and H Co., Ltd. (Person I): the agreement period from October 1, 2015 to September 30, 2018 (3 years): the project cost on October 1 to September 30, 2016 (1 year): the project cost on September 1, 2015 (local expenses) to September 30, 2016: the project cost of the first year to the third year (14,00,000, private contributions (cash) and the 126,000,000,000, private contributions (spot 126,000,000: the final goal of the remote management system - the construction of the system and the establishment of the 3-year system and the commercialization of the 2-year system.

C. Pursuant to the instant agreement, the Plaintiffs were paid KRW 370,000,000 (Plaintiff A157,200,000,000, H Co., Ltd., 130,000,000, and Plaintiff Industry-Academic Cooperation Foundation 82,80,000) for the first year’s project expenses (local expenses) by the Defendant.

Results of evaluation: Suspension (unfaithful performance) and evaluation score 56.

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