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(영문) 서울중앙지방법원 2016.12.22 2016나34204
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at the general freight trucking services, etc., and around May 201, the Plaintiff acquired B vehicles from Dong nameing Transport Co., Ltd.

B. On May 3, 2011, the Plaintiff received a transfer report to the head of the Defendant Month, and the head of the month month accepted the report on May 6, 201.

C. On the other hand, the above vehicle was a general truck with limited supply of a specific purpose truck, which was illegally scrapped and registered for modification. However, the vehicle number, registration date, existing and altered purpose, and details of the transferor are as listed below.

On September 29, 2010, the owner of the detailed purpose of use of the registration date of the vehicle number of the target vehicle B C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C 18 tons of a general car transport B C C C C C C C C C C C C C C 18 tons of the Asia 18 tons of the Asia C C C C C C C C C C C C C C C C, the general transport transport transfer and acquisition by the general transport and acquisition of the company-type B1000 on October 29, 2010 as the general transport and acquisition by transfer-type 15 B C C C C C C C C C C C C C C C C C C C C C C C C C C C1010010000. 210.

D. On July 24, 2012, the head of Daegu-gu District Police Agency notified the Plaintiff of the detection of illegal permission for change (or increase in the number of trucks) and on August 9, 2013, the Plaintiff issued a disposition to recover fuel subsidies of KRW 22,721,404 by applying Article 44(3) of the Trucking Transport Business Act, on the ground that the said vehicle was registered by illegal means.

E. On November 14, 2014, the head of the Daegu-gu Office revoked ex officio a disposition to recover fuel subsidies of KRW 22,721,404 on the grounds of an error in calculating the improper benefit period, and on December 1, 2014, the head of the Daegu-gu Office revokes the disposition to recover fuel subsidies of KRW 15,650.

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