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(영문) 광주지방법원 2016.08.25 2016구합10749
유가보조금 반환명령 등 취소청구
Text

1. On March 16, 2015, the part exceeding 44,508,604 won among the order to return fuel subsidies issued by the Defendant against the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 30, 2007, the Gwangju Heavy Co., Ltd. (hereinafter referred to as the "Magju") registered the scrapping of cars for the freezing tower (vehicle No. A), which is a special-use truck that is allowed to be supplied on April 30, 2007, to a general truck with limited supply, and registered the scrapping of cars by changing the freezing tower (vehicle No. B), which is a special-use truck that is allowed to be supplied on March 11, 2008, to a general truck with limited supply.

(hereinafter referred to as the above act of registering the scrapping of a car in this case is referred to as the "vehicle scrapping of this case".

On July 10, 2008, a limited liability company acquired a vehicle A from Gwangju Heavy on July 10, 2008, and on May 20, 2008, registered the scrapping of a vehicle B (vehicle number C) with a special purpose wing wing wing vehicle on May 22, 2008. On November 16, 2009, a special purpose wing wing is registered again.

(hereinafter referred to as “each of the instant vehicles”) specify a modified truck as the number of each vehicle, and refer it in common to it. (c)

On January 25, 2010, the Plaintiff acquired each of the instant vehicles from the brick Round as a general trucking business operator.

The Defendant paid KRW 266,856, and KRW 14,859,811, respectively, to the Plaintiff from December 2, 2009 to January 24, 2010, with respect to vehicles A as fuel subsidies, from January 25, 2010 to March 9, 2015, and KRW 806,419, and KRW 29,648,793, respectively, to the relevant brick from January 24, 2010 to January 24, 2010.

E. On March 16, 2015, the Defendant: (a) altered the false or official document in the course of scrapping a special purpose cargo vehicle into the Plaintiff in violation of Article 3(3) of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”); and (b) illegally committed a general truck, the registration of which was limited after 2004.

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