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1. The judgment of the court of first instance is modified as follows.
Of the Plaintiff’s claim, the Defendant was on August 13, 2010.
Reasons
1. Details of the disposition;
A. The reasoning of the judgment of the court of first instance cited this part of the reasoning is as follows, except for the addition of some contents as follows, and thus, the relevant part of the reasoning of the judgment of the court of first instance is identical to that of the relevant part of the reasoning of the judgment of the court of first instance (from 4: 16: the second to 16th of the judgment of the court of first instance). Thus, this is
나. 이 법원에서 추가하는 부분 ▣ 2쪽 16행 다음에 아래 사실을 추가하고, [인정근거]란에 “을43, 44-1, 2”를 추가한다.
“Around November 27, 2013, the Defendant: (a) reduced the enforcement fine of August 13, 2010 from “39,607,060 won” to “379,080 won”; and (b) issued a disposition to reduce the enforcement fine of December 28, 201 to “32,726,000 won” from “32,726,000 won” to “32,217,050 won” to “32,217,050 won.”
“”
2. Where the amount of a penalty surcharge is reduced on the grounds of a defect in the disposition of imposition of the penalty surcharge imposed by the administrative agency on the grounds of a defect in the disposition of imposition of the penalty surcharge on some of the lawsuits in this case, such reduction has an effect of changing the legal effects of the initial disposition within a specific limit, and the substance
Therefore, since the legal effect of the reduced penalty surcharge is limited only to the reduced penalty surcharge, such a disposition cannot be imposed independently from the initial disposition, and the initial disposition is deemed to exist as a disposition of imposition having the legal effect as from the beginning.
As a result, in a case where the remaining part is not yet revoked due to a reduction disposition, the subject of an appeal litigation is not the remaining part of the first disposition of a reduction, but not the reduction disposition itself.
(see Supreme Court Decision 2006Du3957, Feb. 15, 2008). In this case, the following is applicable.