beta
(영문) 대법원 2019.2.14. 선고 2018두58363 판결

운송비용전가금지위반관련경고처분취소청구

Cases

2018du58363 Demanding revocation of a warning related to a violation of the prohibition on the transfer of transportation costs.

Plaintiff, Appellee

A Stock Company

Law Firm Song, Attorney Song-sik et al.

[Defendant-Appellee] Plaintiff 1 and 2 others

Defendant Appellant

Seoul Special Metropolitan City Mayor

Law Firm A&C, Attorney Lee Im-soo

Attorney Seo-Gyeong et al.

The judgment below

Seoul High Court Decision 2018Nu47907 Decided September 12, 2018

Imposition of Judgment

February 14, 2019

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The lower court, based on its stated reasoning, determined that it is difficult to view that the Plaintiff’s differential rate in the standard transport earnings constitutes a case where the transport employees transferred the purchase cost of new vehicles.

Examining the reasoning of the lower judgment in light of the record, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the prohibition against the transfer of purchase cost of

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Judges

Justices Lee Dong-won

Justices Kim Jong-il

Justices Park Il-san

Justices Kim In-bok, Counsel for the defendant