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(영문) 전주지방법원군산지원 2016.09.06 2016가단50387

손해배상(기)

Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from December 10, 2015 to September 6, 2016 to the Plaintiff.

Reasons

Basic Facts

The defendant is a person who is engaged in transportation business under the trade name of "C".

On November 11, 2009, the defendant obtained a permit for trucking transport business from the Kim Jong-market, and operated the trucking transport business with D Treatment 25 tons, stable trucks.

On June 1, 2013, the Defendant delegated the transfer of permission for trucking transport business (hereinafter “instant transport business right”) to E and F, and received KRW 20,00,000 from E on June 11, 2013.

The Plaintiff, upon introduction of the above E and F, agreed to take over the instant transportation business right, and in return, paid KRW 25,500,000 in total, KRW 10,000 on June 11, 2013 to E and KRW 25,50,000 on June 15, 2013.

However, since the Plaintiff intended to run a trucking transport business by inserting his own trucks against Hexexexexex Co., Ltd. (hereinafter “foreign company”), the agreement between the Defendant and the Plaintiff was concluded in the name of the Defendant and the non-party company.

On July 2, 2013, the Gunsan City accepted the report on the acquisition or transfer of the instant transportation business rights.

The Plaintiff is Gart truck (this is a truck that the Plaintiff moved into the non-party company), and was engaged in transportation business in accordance with the instant transportation business right that the Defendant acquired from the Defendant.

On August 5, 2015, the Gunsan Mayor notified the Plaintiff that the instant transportation business right acquired by the Plaintiff should be cancelled ex officio pursuant to Article 13(3)4 of the Motor Vehicle Management Act (amended by Act No. 13486, Aug. 11, 2015; hereinafter the same) on the ground that the instant transportation business right was “registration for unlawful expansion.”

(hereinafter referred to as the "administrative disposition of this case"). 【No dispute exists concerning the administrative disposition of this case's / [the ground for recognition], each entry in Gap evidence 1 through 7 (including each number), and the purport of the entire pleadings, first of all, the administrative disposition of this case shall be considered as the administrative disposition of this case.

The Gunsan District Court shall be the basis for the disposition of this case.