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(영문) 서울남부지방법원 2013.11.21 2013가단31049

공직자의 업무처리 부당성에 대한 손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 10, 2007, the Plaintiff reported to the head of Yeongdeungpo-gu Seoul Police Station on the day before January 9, 2008, that the Plaintiff would use the Plaintiff’s D-business cargo vehicles (hereinafter “instant vehicles”) as broadcasting vehicles, and the chief of the competent police station issued a receipt indicating the time of assembly as “from sunrise to sunset” during the above period.

B. The Plaintiff parked the instant vehicle on the front report of the said C while conducting demonstration at the said place.

C. On January 4, 2008, around 07:15, 2008, the Plaintiff was arrested in the act of committing a crime with C security guards at the Si expense with C security guards, and was detained in the Yeongdeungpo-gu Police Station on January 6, 2008, and was released on January 17:15.

As a result, the Plaintiff continued to park the instant vehicle in front of the instant report, which is a prohibited zone for parking, around 17:37 days after sunset on January 4, 2008.

E. On January 4, 2008, the enforcement officers of vehicles violating parking regulations of Yeongdeungpo-gu controlled the instant vehicles as violating parking regulations, and ordered towing agencies to tow the said vehicles to be towed to the towing vehicle storage facilities of Yeongdeungpo-gu on the spot on the ground that they did not have the plaintiff or vehicle manager.

F. After the release of the Plaintiff, the Plaintiff filed a request with the Defendant to exempt the towing fees and the storage fees of the instant vehicle from being exempted, alleging that the towing of the instant vehicle was unlawful, while the Plaintiff was detained in an investigative agency during several times, and that the towing of the instant vehicle was unlawful.

G. However, the Defendant refused to return the vehicle on the ground that the crackdown on the violation of the above parking regulations and towing of the vehicle is legitimate, and notified the Plaintiff of the payment of towing charges and storage fees, and of the acquisition of the instant vehicle.

H. The Plaintiff acquired the instant vehicle at the towing vehicle storage station on August 27, 2008, and maintained the vehicle at the cleaning and garage of Yeongdeungpo-gu Office, and thereafter on September 1, 2008.