beta
Text
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On March 11, 2009, the Plaintiff, a company running trucking transport business, concluded an entrustment contract for A trucking transport business with B with respect to A (motor vehicle No. C) and entrusted B with the said trucking transport business.
B. On December 20, 201, B, 201, the Defendant recovered KRW 161,300 of the fuel subsidy and suspended the payment of the fuel subsidy for six months from January 1, 2012 to June 30, 2012, on the ground that the mixed oil was oil supplied through a mobile gas station twice on March 31, 201 and May 7, 2011.
C. On January 16, 2012, the Plaintiff entered into an entrustment contract for the said A truck with the wife D and entrusted the said truck operation to D.
On June 21, 2013, the Plaintiff borrowed the said truck No. A truck with the truck (F) purchased by E, and entered into an entrustment contract for the transport business with E with respect to the said truck and entrusted the operation of the said truck to E.
E. On February 23, 2016, the Defendant issued a disposition to reduce the number of trucks A (hereinafter “instant disposition”) on the ground that B purchased oil to move and sell to a truck A to a place other than a gas station from October 8, 2012 to May 15, 2013 and illegally received fuel subsidies.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 2 to 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1 is a truster of A truck, and the management of the operation of the said truck is limited to D, etc., a trustee agency, and even according to the provisions on the management of fuel subsidies, the competent administrative agency shall take administrative sanctions against cargo owners. Thus, the object of disposition following the illegal receipt of fuel subsidies shall be limited to D, etc., and the Plaintiff shall be limited to the instant case.