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(영문) 인천지방법원 2018.12.06 2018구합924
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff is a trucking business operator who is deemed to have obtained permission for a general trucking transport business in accordance with Article 4 of the Addenda of the former Trucking Transport Business Act (amended by Act No. 5408 of Aug. 30, 1997).

On November 22, 2017, the Defendant imposed a penalty surcharge of KRW 2,50,00 on the Plaintiff pursuant to Article 47-2(2) of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) on November 22, 2017, on the ground that the Plaintiff’s 2016 freight transport performance in KRW 113,97,895, which was entered in the performance management system, violated the minimum transport obligation under Article 47-2(2) of the former Enforcement Decree of the Trucking Transport Business Act (hereinafter “instant disposition”).

[Grounds for recognition] The entry of Gap evidence Nos. 1, 2, and 9 and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The non-existence of the grounds for disposition was the instant disposition on the ground that the Plaintiff’s 2016 transport performance did not reach the minimum transport performance amount of the Plaintiff’s 2016 transport performance. However, the actual transport performance for the 2016 200,000 won or more exceeds the Defendant’s minimum transport performance amount of the 2,10,000,000 (the actual transport performance for the 2016 2,100,000 or more for the 2016 2,10,000 or more for the 2016 2,10,000 or more for the 2016 2,10,000 or more for the 2016 2,10,000 or more for the 2016 2,000 for the 2016 2,00 or more for the 2016 2016

In addition, the defendant is also the plaintiff's in 2016.

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