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(영문) 서울행정법원 2015.01.23 2014구합14105
유가보조금환수취소
Text

1. The Defendant’s recovery disposition of the fuel subsidy amounting to KRW 63,162,440 against the Plaintiff on April 29, 2014 exceeds KRW 15,795,315.

Reasons

1. Details of the disposition;

A. The Plaintiff is a passenger transport business entity that owns approximately 90 licensed taxiss, including 10 taxiss (hereinafter collectively referred to as the “instant taxi”), listed in the attached Table 1 “The Details of the Vehicles and Subsidies” (hereinafter referred to as “attached Details”), and operates a taxi transport business.

B. On June 14, 201, the Defendant issued an order to reduce the number of automobiles (hereinafter “instant order to reduce the number of automobiles”) with the content that “the Plaintiff violated the prohibition of use of the name stipulated in Article 12 of the Passenger Transport Service Act (hereinafter “passenger Transport Service Act”) and that “the Plaintiff entered into a contract with A and B from September 2, 2009 to June 28, 2010, and caused them to operate the instant taxi in the form of a contract for work on a contract basis” to the competent Gu office by July 14, 201, pursuant to Articles 85(1)13 and 89(1)3 of the Passenger Transport Act and Article 13(1)4 of the Automobile Management Act.

C. On July 7, 2011, the Plaintiff entered into a contract with A and B, and did not have engaged in transportation business for the instant taxi, and filed an appeal suit seeking revocation of the instant order to reduce the number of taxis (201Guhap21409) with the Seoul Administrative Court (201Guhap21409). On July 15, 2011, the said court rendered a decision to suspend the execution of the instant order to reduce the number of taxis until the court of first instance rendered a judgment.

(2011A 2011) d.

On December 2, 2011, the Seoul Administrative Court rendered a judgment to dismiss all the claims of the Plaintiff on December 2, 201, that the Plaintiff entered into the instant taxi contract with A and B and operated passenger transport business independently.

E. The Plaintiff appealed to the Seoul High Court on December 20, 201 (2011Nu44633). Before that, the Seoul Administrative Court rendered a decision suspending the execution of the instant order to reduce the number of vehicles until the judgment of the second instance is rendered.

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