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(영문) 광주고등법원 2020.09.09 2019나23045
손해배상(기)
Text

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

Reasons

1. Basic facts

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

The trucking transport business is a trucking transport business entity as defined in the Section A. In other words, A is a trucking transport business entity who is a truck owner and an affiliated owner owner, and externally, a trucking owner and an affiliated owner owner trust the name of his/her trucking business to A to vest in the ownership and the right to manage the operation of the trucking business. In general, the trucking transport business entity was engaged in the trucking transport business by entering into an entrustment contract with the owner of the trucking property upon being entrusted with the right to manage the operation of the trucking business and paying a certain amount of management fee to A. From January 4, 2012 to March 30, 2015.

3) Defendant C is a de facto operator of A and a person registered as a representative director from March 30, 2015 to November 16, 2015. 4) The Plaintiff is a local government, from March 13, 2013 to May 11, 2015, to which he/she paid fuel subsidies for vehicles entered in the name of A pursuant to Article 43(2) of the Trucking Transport Act.

B. The amendment of the statutes and the illegal registration of cargo vehicles 1) Article 3 of the former Trucking Transport Business Act (amended by Act No. 7100, Jan. 20, 2004) provides for the registration system of trucking transport businesses. However, the former Trucking Transport Business Act amended on Jan. 20, 2004 added the requirement that “the Minister of Construction and Transportation must meet the supply standards publicly announced by the Minister for each type of business in consideration of the demand for trucking transport,” as one of the criteria for the permission to convert trucking transport businesses into the permission system, which entails the permission or increase of trucking transport businesses.” The Standard for Trucking Transport Business Supply established and publicly announced under the foregoing provision, is limited to the new supply of trucking transport businesses (in principle, the permission is prohibited, and some special-use truck vehicles are unlikely to be supplied exceptionally

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