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(영문) 춘천지방법원 2018.10.16 2018구합50411
유가보조금환수 및 지급거절처분 취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. B, who actually operated C, around March 6, 2009, did not take over D vehicles owned by Daesung Co., Ltd. (E) but prepared a false sales contract as if he purchases the said vehicles for the purpose of sale by massing illegal creation and selling them, and filed an application for increase of the number. From March 6, 2009 to March 11, 2009, B obtained permission for change of trucking freight number plates in the name of C, including F, and registered the freight trucking business in the name of B. B, who was indicted for having operated trucking transport business with permission for change by false or other unlawful means, and was convicted on October 27, 2014.

(Seoul District Court 2014Gohap93). (b)

The Plaintiff’s acquisition of the instant truck and the receipt of fuel subsidies 1) After having taken over the F number plate, UNES reported the transfer of the trucking transport business and registered the relevant vehicle around October 8, 2009. (2) On April 20, 2012, the Plaintiff acquired a truck registered as F from UNES and reported the transfer of the trucking transport business by taking over the truck registered as F, and registered the vehicle number A.

(3) The Plaintiff received fuel subsidies of KRW 55,970,280 in relation to the instant truck from the Defendant while running a trucking transport business using the instant truck. (c) Each of the instant dispositions issued by the Defendant is verified as the instant truck was an illegally modified vehicle. As the instant truck was verified as the instant truck was an unlawfully modified vehicle, the Defendant on February 8, 2018, as to the Plaintiff, the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) for the following reasons.

) Articles 43(2) and 44(3), truck fuel subsidies.

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