1. The plaintiff's claim is dismissed.

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

Details of the disposition

A limited liability company B (hereinafter referred to as “B”) filed a report on the scrapping of a general truck with limited supply of 24 vehicles for special use, which is permitted from 2009 to 2010, to a general truck with limited supply, and registered the scrapping of the vehicle according to the acceptance of the report, or acquired the vehicle registered for the scrapping of the vehicle by such a method.

On October 22, 2014, the head of the Gwangju Metropolitan City Mine Office changed or registered a specific-use truck, the supply of which is permitted to B, into a general-use truck with limited specific-use truck, not subject to reporting, but subject to permission, on the ground that the change was made without permission, pursuant to Article 19(1)2 of the former Trucking Transport Business Act (Amended by Act No. 12997, Jan. 6, 2015) and Article 5(1)4 of the former Enforcement Decree of the Trucking Transport Business Act (Amended by Presidential Decree No. 26251, May 26, 2015).

From June 2016 to August 2016, the Plaintiff acquired the trucking transport business with respect to 22 trucks listed in attached Table 1 (hereinafter “instant truck”), among the trucks registered from B to B for the said scrapping, and completed the Plaintiff’s registration by reporting the transfer and acquisition of the trucking transport business to the Defendant who succeeded to the authority of the head of the said mine office.

Afterwards, the Plaintiff concluded an entrustment contract with respect to the instant truck, and entrusted the management of the instant truck to an individual branch owner.

The land owners of the instant truck operated the said truck from July 2016 to November 2018, and issued an oil purchase card in their own name while using it for the oil of the instant truck, and then applied for the payment of fuel subsidies to the Defendant.

In accordance with the above application, the defendant shall make a total of 228,860 as stated in the attached Form 1's "amount of recovery of subsidies" as a fuel subsidy.