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1. The Defendant’s disposition of restitution of the fuel subsidy amounting to KRW 2,69,780 rendered to the Plaintiff on January 26, 2018 shall be revoked.
2. The costs of lawsuit shall be.
Reasons
1. Details of the disposition;
A. On June 28, 2017, the Plaintiff entered a cargo transport business registration as a person who completed the business registration for the cargo transport business, and operated and managed the vehicle from August 2017, 2017, which was newly registered on June 8, 2015 by Nonparty Co., Ltd. (hereinafter “B”).
B. On January 26, 2018, the Defendant increased the instant vehicle by illegal means in violation of Article 3(3) of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”), and the Plaintiff succeeded to the liability pursuant to Article 31 of the Regulations on the Management of Trucking Subsidies by taking over the instant vehicle. As such, the Plaintiff’s receipt of fuel subsidies constitutes an act of receiving fuel subsidies by illegal means as stipulated in Article 44 of the Trucking Transport Act and Article 6(3) of the Regulations on the Management of Trucking Subsidies, and Article 26 of the Regulations on the Management of Liquefieding Subsidies, the Plaintiff rejected the instant disposition of refusing to pay fuel subsidies on the ground that the Plaintiff received fuel subsidies from August 15, 2017 to December 15, 2017, based on Article 44(3) of the Trucking Subsidy Act and Article 26 of the Regulations on the Management of Liquefied Subsidies.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and the purport of the whole pleadings
2. Determination as to the defendant's defense prior to the merits
A. The defendant's assertion that the defendant notified the plaintiff of the disposition of this case, but this merely notifies the plaintiff of the fact related to the vehicle since the plaintiff is a branch owner of the vehicle of this case, not ordering the return of the fuel subsidy to the plaintiff, but the other party to the disposition of this case is B.
Therefore, the plaintiff is not entitled to standing to sue, and the notification of the disposition of this case to the plaintiff is simply notified.