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(영문) 광주지방법원 2019.08.23 2018가단507535
손해배상(기)
Text

1. The defendant limited liability company A shall pay to the Plaintiff KRW 62,426,602 as well as to the day of full payment from May 26, 2018 to the day of full payment.

Reasons

1. Basic facts

A. The defendant limited liability company A (hereinafter "the defendant company") is a incorporated company that operates trucking transport business in the form of being entrusted by the owner company with the ownership registration of the truck from the owner company. The defendant B was registered as a director of the defendant company from December 10, 2007 to March 9, 2016.

B. Administrative disposition of the Gwangju Metropolitan City Mayor 1) The former Trucking Transport Business Act (amended by Act No. 7100, Jan. 20, 2004; hereinafter referred to as the “ Trucking Transport Business Act”) is the Trucking Transport Business Act.

Article 3 of the Trucking Transport Business Act (amended by Act No. 7100, Jan. 20, 2004; hereinafter “instant truck”). As one of the criteria for permission for trucking transport business or permission for modification accompanying the increase of cargo transport business, the Minister of Construction and Transportation set the requirements for “to meet the supply standards publicly notified by the Minister for each type of business in consideration of the transport demand of cargo.” As a matter of principle, the Standard for the Supply of Trucking Transport Business Act, enacted and publicly announced in accordance with the aforementioned provision, prohibits the new supply of trucking transport business (permission) and stipulates that trucking transport business shall be operated with the permission of the Mayor/Do governor only in cases of some special-purpose truck, the ownership of which is registered under the name of the Defendant Company (hereinafter “instant trucking transport business”). The C trucking transport business, the ownership of which is newly permitted under the Trucking Transport Business Act (hereinafter “the instant trucking transport business”), is a specific truck for which the new supply of the instant truck is limited due to the expiration of its new provision of the instant trucking transport business.

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