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(영문) 광주지방법원 2016.06.23 2015구합13338
유가보조금환수처분취소
Text

1. On October 7, 2015, the Defendant’s truck indicated in the attached Form 1 List against the Plaintiff on October 7, 2015.

Reasons

1. Details of the disposition;

A. On May 14, 2010, the Plaintiff, as a general trucking business operator, registered the scrapping of a truck (hereinafter referred to as the “instant truck”), which changed the vehicle to a general truck with limited supply of straw-type truck (vehicle No. A), which is a special purpose truck that is permitted to be supplied, to the general truck with limited supply of straw-type truck (hereinafter referred to as the “instant truck”).

B. On December 27, 2011, the Plaintiff transferred the instant vehicle to the cromatic watch Limited Liability Company (hereinafter “Ssung”) and the number of the vehicle was changed to B.

C. The Defendant paid fuel subsidies of KRW 8,803,177 to the Plaintiff from July 2010 to November 201, 201, and paid fuel subsidies of KRW 17,010,374 to the GIC from March 2012 to October 2015.

On October 7, 2015, the Defendant issued a notification to the Gwangju Cargo Association on the type of the report on the scrapping of a special purpose truck for which the Plaintiff is permitted to supply, in violation of Article 3(3) of the former Trucking Transport Business Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Trucking Transport Business Act”), and issued the notification to the Plaintiff on May 14, 2010, on the ground that “The Plaintiff was registered as a general cargo-type truck vehicle, the supply of which is limited from the Gwangju Mine Office and received the fuel subsidy in a fraudulent manner, and received the fuel subsidy in a fraudulent manner” (i) Articles 43(2) and 44(3) of the former Trucking Transport Business Act; (ii) Articles 6 subparag. 1 and 26 subparag. 18 of the Trucking Subsidy Management Regulations (hereinafter “instant Management Regulations”); and (iii) Articles 25,351,781,717,770

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 through 5 (including additional numbers), all pleadings.

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