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(영문) 대전지방법원 천안지원 2018.08.28 2017고정532

권리행사방해등

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is as follows: “2017 High 532 (Obstruction of Exercise of Rights) representative; the victim C is a person who has been operating and managing the said buses after having been transferred 23 operating rights of tourist buses, such as D tourist buses owned by the company B (State) from November 201, on the condition that the Defendant pays 100,000 won for each monthly bus and each bus installment from the date of the operation of the principal travel agency’s business.

On August 16, 2016, the Defendant: (a) arbitrarily taken five tourist buses (E, F, G, H, and I) owned by the said company, which were kept in the neighboring parking lots of the Jeju comprehensive sports site in the Jeju-si, Jeju-si; and (b) interfered with the victim’s exercise of rights.

"2017 High 563 (Violation of Passenger Transport Business Act, Interference with Business, and Interference with Exercise of Rights)" is a person who is the representative of B (State), and the injured party C is a person who has operated K and the principal place of business of the above travel agency since November 2010.

A. Notwithstanding the fact that a transport business entity in violation of passenger transport business is prohibited from having another transport business entity or a person who is not a transport business entity operate passenger transport business by using all or any part of his/her commercial motor vehicle with or without any consideration, the Defendant opened a Jeju Jeju branch office from November 201 to August 2016, and caused C to operate passenger transport business by transporting tourists using only 20 buses owned by the said company.

B. On August 3, 2016, the Defendant: (a) visited the Jeju Branch Office in M on Jeju on August 14:0, 2016 to close the Jeju Branch Office; (b) the Defendant sent text messages to the said victim and the tourism bus articles belonging to the Jeju Branch Office to end his/her business during the period in which he/she attempted to close his/her business using a mobile phone, and to bring all vehicles into the morning during his/her morning, and thereby, by force, the Defendant’s bus transportation company.