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(영문) 대구지방법원 2018.10.25 2018구합23116
유가보조금환수처분 취소
Text

1. The Defendant’s reimbursement disposition of KRW 83,486,590 against the Plaintiff on July 4, 2018 is KRW 56,88,113.

Reasons

1. Details of the disposition;

A. A’s illegal increase, borrowing and lending 1) A is exempt from the trade name of a limited company B and a limited company C (hereinafter “limited company,” “stock company,” etc.

(2) On November 25, 2009, when an actual manager of a truck, etc. applies for a permit to change the trucking transport business from February 3, 2009 to February 17, 2010, the trucking transport business operator grants a bribe to a public official in charge of trucking transport-related business, and submits a motor vehicle registration number plate for the purpose of increasing only the number of the motor vehicle for business purpose without taking over the motor vehicle, along with a false motor vehicle transfer certificate, etc. as if he actually takes over the motor vehicle, etc., by improper means, such as submitting a false motor vehicle registration number plate for the purpose of increasing the number of the motor vehicle for business purpose (i.e., taking over the motor vehicle) and submission of the motor vehicle on November 30, 2009 (ii) (hereinafter “each of the instant motor vehicles”).

2) A obtained a license for change of trucking transport business (or an increase in trucking transport business) in 2009, despite the restriction on the supply of a general truck in accordance with the supply standard of trucking transport business, A illegally borrowed and lent D vehicles with each general truck on December 28, 2009 and E vehicles on December 30, 209.

3) On May 8, 2014, A was found to have committed a violation of the Trucking Transport Business Act due to the foregoing illegal increase of vehicles, etc., and was sentenced to two years of imprisonment, three years of suspended execution (the Jeonju District Court 2013Kadan2062), and the said judgment became final and conclusive around that time. (B) The Plaintiff acquired the truck transport business for each of the above vehicles, which was illegally increased by B and C, operated by A on July 1, 2010.

2) Around that time, the Plaintiff reported the transfer of a trucking transport business to the Defendant on the above-mentioned vehicles, and the Defendant accepted all of them. 3) The Plaintiff operated each of the above vehicles and operated the said vehicles from Daegu Metropolitan City.

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