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(영문) 인천지방법원 2020.07.09 2019구합2170
화물자동차유가보조금지급거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a trucking transport business operator who received fuel subsidies with oil purchase cards, and the use of oil purchase cards was suspended on January 18, 2018.

B. On June 2018, the Plaintiff filed a written application with the Defendant for the payment of fuel subsidies equivalent to the amount equivalent to the oil amount purchased from January 18, 2018 to May 31, 2018, on which the Plaintiff’s use of the oil purchase card was suspended, along with a detailed statement of oil purchase and cash receipts.

However, the Defendant confirmed that the use of the oil purchase card issued by the Plaintiff was suspended in the course of examining it, and notified the Plaintiff of the procedures for issuing the oil purchase card, and accordingly, the Plaintiff applied for the replacement of the oil purchase card on June 26, 2018.

In addition, on September 17, 2018, the Defendant notified the Plaintiff that it cannot pay fuel subsidies equivalent to the amount of oil equivalent to the oil purchased by the Plaintiff during the said period pursuant to Article 26 subparagraph 6 of the Regulations on the Management of Fuel Subsidies (hereinafter “instant Management Regulations”).

C. On November 26, 2018, the Plaintiff again filed an application with the Defendant in writing for the payment of fuel subsidies equivalent to the amount equivalent to the oil purchased by the Plaintiff from January 18, 2018 to May 31, 2018, and from June 1, 2018 to November 26, 2018. On December 11, 2018, the Defendant paid fuel subsidies equivalent to the amount equivalent to the oil purchased by the Plaintiff from November 26, 2018 to November 30, 2018.

On January 30, 2019, the Plaintiff again filed an application with the Defendant for a fuel subsidy equivalent to the amount equivalent to the oil purchased from January 18, 2018 to June 25, 2018, the day before the application for the replacement of oil purchase cards was filed, which was the day before the Plaintiff’s use of the oil purchase card was suspended, but the Defendant notified the Plaintiff on February 8, 2019 that it cannot be paid under Article 26 subparag. 6 of the instant management regulations.

hereinafter referred to as "the case."

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