손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. On September 25, 2013 and October 17, 2010 of the same year, the Plaintiff’s assertion that: (a) Articles 12 and 12 of the Passenger Transport Service Act (hereinafter “Act”); (b) No trucking business operator or a person, other than another trucking business operator, may allow another trucking business operator or a person, who is not a trucking business operator, to operate passenger transport business with or without compensation, using all or part of his/her commercial motor vehicle. The same shall apply to cases where a trucking business operator gives another trucking business operator or a person, who is not a trucking business operator, to operate passenger transport business under his/her own or another’s name. The same shall apply to cases where a trucking business operator is unable to operate passenger transport business by using all or part of another trucking business operator’s commercial motor vehicle. (c) No person, other than a trucking business operator, who receives an instruction related to the business from another trucking business operator, in violation of his/her own or another’s name, issued an instruction to the owner of a taxi business operator.
Nevertheless, the Defendant, who is a public official in charge, did not impose any administrative disposition for the lapse of six months. Accordingly, the Plaintiff was not paid a monetary reward of five million won that could have been paid pursuant to Article 3 of the Daegu Metropolitan City Passenger Transport Service Act.
Therefore, the defendant is liable to the plaintiff for damages arising from the above illegal acts, which is five million won and more.