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(영문) 광주지방법원 2015.12.10 2015구합12007
유가보조금 환수 처분취소
Text

1. On June 15, 2015, the Defendant’s fuel subsidies relating to Category A and B trucks for the Plaintiff on 106,42,885 won.

Reasons

Basic Facts

On June 29, 2010, the Plaintiff: (a) operated general trucking transport business; (b) on August 26, 2010, the Plaintiff: (c) transferred each of the said B vehicles from the accelerator car to the general car-type car car from the cancer car to the general car-type car, and (d) on August 26, 2010, the vehicle scrapping in the instant case (hereinafter collectively referred to as “each of the instant vehicles”; and (b) on July 9, 2010, the Plaintiff transferred the said vehicles to the GG car-type (hereinafter referred to as “each of the instant vehicles”); and (c) on July 9, 2010, the Plaintiff transferred each of the said B vehicles to the GG-type car (hereinafter referred to as “each of the instant vehicles”).

Since the transfer of each of the instant vehicles, the Gsung Korea received the fuel subsidy of KRW 106,422,885 in total (hereinafter “instant subsidy”) with respect to each of the instant vehicles.

On June 15, 2015, the Defendant’s disposition against the Plaintiff on the ground that “The act of receiving fuel subsidies for each of the of the of the of the of the of the instant vehicles in which the supply of specific-use trucks is restricted constitutes an alteration of the permitted matters without obtaining the permission by the method of replacing it for the general-use truck in which the supply of specific-use truck is permitted, and the receipt of fuel subsidies for the of the instant vehicles is an act of receiving fuel subsidies by an unlawful means other than the stipulated matters, and is subject to a disposition to recover fuel subsidies in accordance with Article 44 of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) and Article 6 subparag. 1 of the Trucking Subsidy Management Regulations, and the Plaintiff’s act of removing fuel subsidies for each of the instant vehicles is subject to a disposition to recover fuel subsidies in accordance with Article 6 subparag.

As stated in paragraph (1), the instant subsidy (total 106,422,885 won) was recovered (hereinafter referred to as the “instant disposition”) and the fuel subsidy received as above was granted.

Plaintiff’s assertion

(b).

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