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(영문) 부산지방법원 2016.08.11 2016구합20914

화물자동차감차처분취소 청구의 소

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1. On February 23, 2016, the Defendant’s disposition to reduce the number of trucks A for the Plaintiff is revoked.

Reasons

Details of the disposition

On March 11, 2009, the Plaintiff, a company running trucking transport business, concluded an entrustment contract for A trucking transport business with B with respect to A (number C) and entrusted B with the said trucking transport business.

On December 20, 2011, B, on March 31, 2011, and May 7, 2011, the Defendant recovered KRW 161,300 of the fuel subsidy and suspended the payment of the fuel subsidy for six months from January 1, 2012 to June 30, 2012, on the grounds that the fuel subsidy was illegally received by being mixed oil through a mobile gas station.

On January 16, 2012, the Plaintiff concluded an entrustment contract for the trucking transport business with the wife of B with respect to the trucking transport business and entrusted the said trucking transport business to D.

On June 21, 2013, the Plaintiff borrowed the said truck No. A truck with the truck (F) purchased by E, and entered into an entrustment contract for the transport business with E with respect to the said truck and entrusted the operation of the said truck to E.

On February 23, 2016, the Defendant issued a disposition to reduce the number of trucks A (hereinafter “instant disposition”) for the Plaintiff on the ground that B purchased oil from October 8, 2012 to May 15, 2013 to move and sell oil to a place other than a gas station and received fuel subsidies.

[Ground of recognition] The plaintiff's assertion of legitimacy of the disposition of this case as to Gap's evidence Nos. 1 through 5, Eul's evidence Nos. 2 through 5, and Eul's whole purport of pleading as to legitimacy of the disposition of this case as to legitimacy of the disposition of this case is the truster of Gap's truck (motor vehicle No. C), which is the trustee agency, etc., and even according to the provisions on the management of fuel oil subsidies, the competent authorities have to take administrative sanctions against cargo owners. Thus, the object of disposition following the non-payment of fuel subsidies should be limited to D, etc., and the disposition of this case against the plaintiff