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(영문) 대구지방법원 2017.09.05 2017구합21755
위반차량 운행정지 등 취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company running trucking transport business as prescribed by the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”). On December 15, 2009, the Plaintiff acquired C vehicles from the Sejong Enterprise Co., Ltd. on or around November 15, 2009, from the limited partnership-friendly distribution, and reported the transfer of the instant vehicles to the Defendant. Around that time, the Defendant accepted the said report.

B. The instant vehicles are illegally increased by the method of scrapping the instant vehicles into a general-use truck, the supply of which is permitted by means of forgery, alteration, etc. from around December 2009 to around April 2010.

C. On December 9, 2016, the Defendant violated the Trucking Transport Act by taking over a vehicle registered as a general truck, the supply of which is limited to a specific-use truck, and thus violating the truck law by taking over the vehicle registered as a specific-use truck, which is subject to a limited supply. As such, Articles 3(3) and (5)1, 19(1)2, 16(4), 43(2), and 44(3) of the former Trucking Transport Act (amended by Presidential Decree No. 2782, Jan. 10, 2017; hereinafter “former Enforcement Decree of the Trucking Transport Act”), Articles 5(1) [Attachment 1] and 6, 29, and 31(1) of the former Trucking Transport Business Act (amended by Act No. 14725, Mar. 21, 2017; hereinafter “former Trucking Act”) from the date of suspension of payment from the date of the instant vehicle’s suspension of payment from the date of payment on 16.

6.8. Each disposition was taken to cover KRW 116,824,330, including the sum of KRW 10,677,950, KRW 77,550, KRW 120, KRW 28,596, and KRW 260, KRW 116,824, and KRW 330.

The plaintiff appealed against this and filed an administrative appeal, and on February 27, 2017, the Gyeongbuk-do Administrative Appeals Commission made the defendant against the plaintiff on December 9, 2016.

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