1. All of the plaintiff's claims are dismissed.

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

1. Details of the disposition;

A. On September 1, 2012, the Plaintiff’s disposition on the recovery of fuel subsidies and the suspension of payment against the Plaintiff by the Defendant of the Trucking Transport Business Act between the Es.S. Co., Ltd. on September 1, 2012 are subject to the Plaintiff’s act during the period from September 23, 2013 to January 23, 2017. As such, on the part of the reasons for convenience, the Plaintiff’s explanation of the relevant act was made at the time of January 23, 2017.

(A) Pursuant to Article 40(1) of the Trucking Act, the Plaintiff entered into a truck consignment management contract with the effect that “the Plaintiff shall contribute in kind the instant vehicle to the said company (hereinafter “instant vehicle”) and shall independently operate the instant vehicle by being entrusted with the management using the instant vehicle by the said company.”

B. Pursuant to Article 8(1) and (2) of the Trucking Transport Act, the Plaintiff employed C as an employee engaging in trucking transport business (hereinafter “qualification as a truck driver”) and has terminated the employment relationship with C by using the instant vehicle. Since September 23, 2013, the Plaintiff was directly engaged in trucking transport business using the instant vehicle.

C. The Plaintiff received oil purchase cards (credit cards) in order to receive fuel subsidies under Article 43(2) of the Trucking Transport Act as a result of the Plaintiff’s operation of cargo transport services through the employment of C, and used them from September 8, 2012 to January 23, 2017, which was after the termination of the employment relationship with C (on September 23, 2013) with C, thereby paying an oil price of KRW 68,927,890.

The defendant has terminated the employment relationship with C that the plaintiff who was not qualified as a truck driver, and has paid the sum of 52,094,460 won by using the oil purchase card from September 23, 2013 to January 23, 2017.