변상금부과처분무효확인
1. The Defendant’s indemnity amounting to KRW 7,916,940, KRW 37,862,160, KRW 3,488,650, KRW 1,333,890, respectively, against the Plaintiff on October 30, 2014.
1. On March 16, 201, 201, the date of the establishment of the non-party company, representative E joint representative director E, and F registration number GH of the representative, representative E, and F registration number G H of the Seocho-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, the seat of the head office on December 16, 201, for the purpose of agricultural management, agricultural products distribution, processing, sale, etc.
A. The Plaintiff and B Co., Ltd. (hereinafter “Nonindicted Company”) are as follows.
B. On October 30, 2014, from December 1, 2008 to December 31, 2013, the Defendant issued a disposition of imposition of KRW 7,916,940,37,862,160,3,48,650, 1,333,890 (hereinafter “each of the instant dispositions”).
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. Whether each of the dispositions of this case is legitimate
A. The defendant's main defense of this case is a defense that the non-party company has filed a claim to nullify the invalidity of each of the dispositions of this case on the grounds that there is no interest in confirmation. Thus, the defendant's purpose of this lawsuit is to relieve the infringement of citizens' rights or interests and to properly resolve disputes over the legal relationship or the application of law by cancelling, altering, or confirming the validity or existence of the illegal dispositions of the administrative agency. Thus, the purpose, purport, and function of the civil lawsuit, which is subject to adjudication on the legal relationship between equal parties, differs from the civil lawsuit that is subject to adjudication on the legal relationship between them.
In addition, Article 4 of the Administrative Litigation Act provides that a lawsuit seeking nullification shall be a kind of appeal litigation, and Article 38 (1) of the Administrative Litigation Act shall apply mutatis mutandis to the binding force of a final and conclusive judgment revoking a disposition, etc. and Article 30 of the Administrative Litigation Act concerning the duty of re-disposition of an administrative agency to confirm the invalidity of the judgment itself.
b) the Commission;