손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The following facts are not disputed between the parties, or may be acknowledged by comprehensively taking into account the respective entries in Gap evidence No. 1, 2, 7, 14, 15, 16, and Eul evidence No. 1 (including each number, if any), and the whole purport of pleadings:
On September 13, 2005, the Plaintiff obtained a personal taxi transport business license from the Mayor of Incheon Metropolitan City as the business area of Incheon Metropolitan City (hereinafter referred to as the “instant vehicle”), and received a disposition of imposition of a penalty surcharge of KRW 280,000 on December 28, 2009 from the head of the Incheon Metropolitan City, on the ground that he/she was operating a private taxi business around November 1, 2009 and around December 13, 2009, the Plaintiff was subject to the disposition of imposition of a penalty surcharge of KRW 40,000 (hereinafter referred to as the “instant disposition”) from the head of the Gu on January 4, 2010.
The Plaintiff, who is dissatisfied with the instant disposition, filed an administrative appeal on March 10, 2010, and filed an application for suspension of the execution of the instant disposition. On March 15, 2010, the application for suspension of the execution was accepted, and the instant disposition was suspended until the administrative appeal is decided.
On April 26, 2010, the Incheon Metropolitan City Administrative Appeals Commission dismissed the Plaintiff’s administrative appeal claim, and Defendant Jung-gu Incheon Metropolitan City seized the Plaintiff’s instant vehicle on June 15, 2010 on the ground that the penalty surcharge is unpaid.
On July 29, 2010 and July 30, 2010, the Plaintiff filed an administrative litigation seeking the revocation of the instant disposition as Incheon District Court 2010Guhap3415, 3453. On December 16, 2010, the said court dismissed the Plaintiff’s claim, and the said judgment became final and conclusive on March 15, 2012.
On August 24, 2010, the Plaintiff paid a penalty surcharge of KRW 680,00 upon the instant disposition, and submitted the receipt to Defendant B, who is a public official of the traffic administration and traffic guidance team in Jung-gu Incheon Metropolitan City. Defendant B requested the public official in charge of the traffic administration division in charge of vehicle seizure and cancellation on August 25, 2010 following day to cancel the attachment of the instant vehicle.