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(영문) 서울고등법원 2016.10.18 2016누45075

영업손실 보상금

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the plaintiff in the fourth and seventh 7th tier judgment " will be dismissed as "the plaintiff," and (b) the fourth tier judgment " will be added as "the plaintiff," and (c) the reasoning of the first tier judgment is stated, except for adding the following contents to "the plaintiff," and thus, it shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

【On the other hand, the following circumstances acknowledged by the evidence and the purport of the entire pleadings, i.e., the plaintiffs, together with two companies, are the interesting industry (State) or the friendly concrete industry (State).

) The owners of ready-mixed vehicles who entered into a contract for ready-mixed transport services with the company have been engaged in the business of this case in such a way as to deliver ready-mixeds and receive the corresponding prices at designated sites after being allocated the volume and site of ready-mixeds to be transported by the ready-mixed company. The above ready-mixed transport business is difficult to see that certain business places need to be fixed with human and material facilities due to the nature of the business of loading and supplying ready-mixed in an unspecified area with the demand for ready-mixed. ② Personal facilities of this case are only the plaintiffs, and physical facilities are only the plaintiffs, and it is difficult for the plaintiffs to regard them as having independent business facilities with human and material facilities recognized by social norms such as their respective offices and places of business within the business area of this case (the main equipment necessary for the business of ready-mixed transport services is the whole vehicle of this case, and the vehicle of this case is possible to move due to public services, and therefore it is difficult to view it as a physical facilities that require relocation.

(3) The plaintiffs have the place of business (such as parking facilities for ready-mixed vehicles, waiting room for ready-mixed vehicles, maintenance room for ready-mixed vehicles, etc.).