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(영문) 광주고등법원 2020.09.09 2019나23236
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the defendant, including the selective claim added by this court, is as follows.

Reasons

1. Basic facts

A. The parties 1) A is the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”).

) A trucking transport business entity prescribed in the trucking transport business, who is the owner of the truck, is an affiliated company that engages in trucking transport business, and is registered as a representative director of A from February 22, 2010 to February 22, 2010 by the following: (a) the owner of the truck owned by the owner of the truck under his/her trust to A to vest in the ownership and the right to manage the truck; (b) the owner of the truck under his/her own account; and (c) the owner of the truck is an affiliated company that is operating the trucking transport business by entering into an entrustment agreement with the owner of the truck under his/

3) D is a person who actually runs a limited liability company, L, I, G,O (former trade name before the change), limited liability company E, limited liability company H, limited liability company H, P, and stock company F) and such affiliated companies as A and such affiliated companies (including limited liability companies, I, limited liability companies G,O (former trade name before the change), etc.). 4) The Plaintiff is a local government that granted fuel subsidies to affiliated vehicles under the name of A from March 22, 2013 to May 11, 2015 pursuant to Article 43(2) of the Truck Act.

B. Article 3 of the former Trucking Transport Business Act (amended by Act No. 7100 of Jan. 20, 2004) (amended by Act No. 7100 of Jan. 20, 2004) provides for trucking transport business as a registration system. However, the former Trucking Transport Business Act amended on Jan. 20, 2004, one of the criteria for permission for trucking transport business or for permission for modification involving permission for trucking transport business while converting trucking transport business into a license system, stipulated that “it shall meet the supply standards publicly announced by the Minister for each type of business in consideration of the demand for trucking transport business.” The criteria for trucking transport business supply established and publicly announced under the above provision, is the new supply of trucking transport business (permission).

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