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(영문) 대구고등법원 2015.08.17 2014누6778
사업전부정지 등 처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the event that the grounds alleged by the Plaintiff in the trial while filing an appeal by the court of first instance are not significantly different from the contents alleged by the Plaintiff in the first instance, even if all of the evidence submitted by the court of first instance and the relevant decisions concerning the same issue are examined as Gap evidence 1-1-2 submitted by the court of first instance (Seoul High Court Decisions 2014Nu4239, Jan. 23, 2015; 2015Du38535, Jun. 11, 2015) are examined, the judgment of the court of first instance that rejected the Plaintiff’s overall suspension of business and the Plaintiff’s claim to revoke the payment suspension of fuel subsidies is justifiable.

Therefore, the court's explanation on the instant case is consistent with the reasoning of the judgment of the court of first instance, except for the dismissal of some contents or addition of the judgment as to the Plaintiff's additional assertion as set forth in the following Paragraph 2. As such, this court shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

The " Trucking Transport Business Act" in the last sentence of the judgment of the court of first instance is advanced to the "former Trucking Transport Business Act", and the " Trucking Transport Business Act" in the third sentence of the judgment of the court of first instance (hereinafter referred to as " Trucking Business Act") shall be read as "(the Act before it was partially amended by Act No. 13382, Jun. 22, 2015; hereinafter referred to as " Trucking Law")."

Article 64(1) of the Trucking Act, Article 15(1)1 (i) of the Enforcement Decree of the same Act, [Article 64(1) of the Trucking Act, Article 15(1)1 (the Enforcement Decree of the same Act, which was amended by Presidential Decree No. 26251, May 26, 2015; hereinafter the same shall apply] of the fifth fourth column for the first instance judgment [Article 64(1) of the Trucking Act, Article 15(1)1 (the Enforcement Decree thereof

The first half of the judgment of the first instance court is "Special Motor Vehicle (Traler)" as "Special Motor Vehicle (Traler)".

The phrase "(attached Form 3 of the Enforcement Rule of the Truck Act)" in the 12th column of the judgment of the court of first instance shall be construed as "before it is amended by Ordinance of the Ministry of Land, Infrastructure and Transport on March 23, 2013," and the same shall not apply.

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