손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. The relevant Plaintiff and the Defendant are corporations established for the purpose of passenger, vehicle, freight transport business, etc.
B. 1) The Plaintiff’s issuance of a business license related to the instant sea route 1) around March 4, 1999, the Plaintiff “E” (hereinafter “E”) is called the instant sea route.
(2) The Ministry of Oceans and Fisheries decided to grant a new passenger transport service license on the instant service route on the ground that the Plaintiff’s customer satisfaction level was low, and the Defendant obtained a new passenger transport service license with the content of operating the instant service route on May 27, 2015.
3) On June 1, 2015, the Plaintiff filed a report on the closure of regular coastal passenger transportation services, and around that time, filed an application for change of the license to use F vessel used for the said passenger transportation services for the ferry business operated on the instant service route, and filed an application for change of the license for the ferry business on June 5, 2015 (hereinafter “instant change disposition”).
C. C. The Defendant filed a lawsuit seeking revocation of the instant modified disposition against the head of Incheon Coast Guard. As long as the first instance court granted the Defendant a passenger transport license, the instant modified disposition against the Plaintiff is the same as granting a new vessel the benefit of operating a ferry business with a new vessel within the business area that is not allowed to obtain a license for a ferry business under the Excursion Ship and Ferry Business Act due to the passenger transport business pursuant to the Marine Transport Act. Accordingly, the said modified disposition is revoked on the ground that the Defendant’s existing maritime passenger transport business operator’s goodwill is likely to be infringed, on the ground that it is illegal against Articles 3 and 2 of the Excursion Ship and Ferry Business Act, and Article 2 of the Enforcement Decree of the Excursion Ship and Ferry Business Act.