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(영문) 광주지방법원 2015.10.08 2015구합11608

사업전부정지처분 취소 청구

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The Gwangju Heavy LLC Co., Ltd. Co., Ltd. (hereinafter referred to as "Seoul Heavy Co., Ltd.") of Gwangju Heavy Co., Ltd. scraped the special-use type truck which is allowed to be supplied using a false report on car scrapping prepared three times as shown in the list of annexed Table 1 and lent it to a general truck (car) and a special-use truck with limited supply.

(hereinafter referred to as “each of the instant vehicles” as indicated in the separate sheet No. 1, and the Act on the vehicleping as indicated in the separate sheet No. 1. The Plaintiff, Inc., Ltd., Ltd., Ltd. (hereinafter “Plaintiff Lone Star”) acquiring the Plaintiff’s truck, took over the Plaintiff’s vehicle No. 1 listed in the separate sheet No. 1, Jun. 20, 2013, and the Plaintiff limited liability company Ethal Distribution (hereinafter “Plaintiff Ethal Distribution”) acquired each of the D vehicles indicated in the separate sheet No. 1, No. 2 and 3, and D vehicles indicated in the separate sheet No. 1, Jan. 25, 2010.

The defendant's disposition suspending the business of the defendant on September 29, 2014.

Since the plaintiffs succeeded to the status as a trucking business operator by acquiring each of the instant vehicles which were illegally modified as stated in the foregoing paragraph, the plaintiffs determined that operating the instant truck without obtaining permission for modification constitutes a case where permitted matters are modified without permission for modification. Pursuant to Article 19(1)2 of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) and Article 5(1) of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 26251, May 26, 2015; hereinafter “former Enforcement Decree of the Trucking Transport Business Act”), with respect to the vehicles listed in the attached Table 1 No. 30 days of business suspension for the vehicles listed in the attached Table 1 No. 1, and with respect to the vehicles listed in the attached Table No. 2 and No. 3 for the plaintiff Eth Logistics, it

Seoul Metropolitan City on October 16, 2014, as Plaintiff Roone Star is dissatisfied with the above disposition by Plaintiff Roone Star.