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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On June 29, 2010, the Plaintiff’s scrapping and the Plaintiff’s transfer of a vehicle are a company operating general trucking transport business, which is a general car with limited supply from accelerator vehicles permitted to supply A vehicles on June 29, 2010, and on August 26, 2010, each of the instant car scrappings with limited general car type vehicles (hereinafter referred to as “each of the instant car scrappings” in total, and each of the instant car scrappings registered as the instant car scrappings for a limited company (hereinafter referred to as “each of the instant car”). On July 9, 2010, each of the instant vehicle transferred the instant vehicle to the G Gyeongdong Co., Ltd. (hereinafter referred to as “Gyeongdong”) on each of the said B vehicles (hereinafter collectively referred to as “each of the instant transfer”).
B. From September 2010 to August 2013, 2015, the GIC received the fuel subsidy of KRW 106,422,885 in total (i.e., KRW 70,456,213 in relation to A vehicles from July 2010 to June 2015) by applying for fuel subsidies to the Defendant for each of the instant vehicles (hereinafter “instant subsidy”).
C. On June 15, 2015, the Defendant issued a disposition to recover fuel subsidies to the Plaintiff to recover KRW 106,422,885 in the aggregate of the fuel subsidies paid by the Defendant to the GIC pursuant to Articles 43(2) and 44(3) and (2) of the former Trucking Transport Business Act (hereinafter “former Trucking Transport Business Act”), and Articles 6 subparag. 1 and 26 subparag. 18 of the Regulations on Trucking Fuel Subsidies (hereinafter “instant disposition”), on the following grounds:
Trucking Transport Business Act Article 3 (3) of the Trucking Transport Business Act provides a type of a report on the scrapping of a special-purpose vehicle that is permitted to be supplied with permission for change (the investigation department of the Gwangju Regional Police Agency and the investigation department-954, December 26, 13).