과징금 부과처분 등 취소청구
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. In the first instance trial, the Plaintiff sought revocation of the imposition of the penalty surcharge of KRW 19,80,000 against the Defendant (hereinafter “instant imposition of the penalty surcharge”) in the attached disposition of the first instance court (hereinafter “the instant imposition of the penalty surcharge”), and the first instance court accepted the claim for revocation of each of the warning dispositions Nos. 2 and 3, and dismissed the remainder of the claim.
Accordingly, the Plaintiff appealed only on the part of the disposition imposing the penalty surcharge of this case, and the scope of the judgment of this court is limited to the disposition imposing the penalty surcharge of this case.
2. The grounds alleged by the Plaintiff in the trial while filing an appeal for the acceptance of the judgment of the first instance are not significantly different from the contents alleged by the Plaintiff in the first instance court, and even if the evidence submitted in the first instance and the trial together with the Plaintiff’s assertion, the judgment of the first instance court dismissing the Plaintiff’s claim for revocation of the disposition of penalty surcharge
The reasons for this decision are as follows: (i) the transport charge column of invoice (Evidence No. 24) which the Plaintiff’s certified auctioneer, etc. appears to have prepared on behalf of the shipper is not indicated in the transport charge column; (ii) the Plaintiff’s settlement and management program includes the transport charge; and (iii) if there is any disagreement with the contents, such as the Plaintiff’s settlement and management program, the transport charge is entered; and (iv) in such a case, the personnel in charge of settlement of accounts transfers the transport charge according to the transport charge information entered in the program without undergoing separate verification procedures if there is no transport charge information on the invoice.” (No. 9 and No. 25)
In light of the fact that the Plaintiff submitted, it is difficult to conclude that there is no problem with the Plaintiff’s preparation and management of invoices and the operation and management of the settlement program, and ② the Plaintiff around September 1, 2017.