유가보조금 환수처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 21, 2009, the Plaintiff was established for the purpose of trucking transport business and intermediation business, and was engaged in trucking transport business with a license for a certain permitted number of cargo (T/E) from the Defendant.
B. B, from August 19, 201, while leaving his/her own cargo vehicle into a cargo transport business entity before 2004, around August 19, 201, he/she entered his/her cargo vehicle (hereinafter “instant vehicle”) into D with a cargo vehicle owned by him/her (hereinafter “instant vehicle”) as a truck owner of the said company, and has been transporting the cargo as a truck owner of the said company.
C. On May 16, 2016, B concluded an entrustment contract (hereinafter “instant entrustment contract”) with the purport of changing a company into the Plaintiff on May 16, 2016, and to place the instant vehicle into the Plaintiff.
Accordingly, on May 16, 2016, the Plaintiff transferred the ownership name of the instant vehicle from the said stock company D, and completed the registration by giving E vehicle numbers included in the permitted number of freight trucking services (T/E) to the said vehicle.
E. However, B terminated an entrustment contract with the Plaintiff on the instant vehicle and intended to independently carry out freight trucking services. On June 1, 2016, Article 3(2) of the Addenda to the former Trucking Transport Business Act (Act No. 7100, Jan. 20, 2004) and Article 2 of the Addenda to the former Trucking Transport Business Act (Act No. 11064, Sept. 16, 201) filed an application for a special permit for trucking transport services.
F. On June 2, 2016, the head of the Daegu Metropolitan City water supply and freight trucking services (general freight) were granted to B on June 2, 2016, and the head of the Daegu Metropolitan City water supply and freight trucking services (general freight) was granted on June 10, 2016 in accordance with the special provisions as above.
(hereinafter “instant special permission”). Accordingly, the name of the said vehicle was transferred from the Plaintiff to B, and the vehicle number was changed to F.
(g)as such, the entrusted owner is the entrusted owner.