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(영문) 대법원 2015.06.24 2015두35017
감차명령처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

After compiling the adopted evidence, the lower court acknowledged the facts as indicated in its reasoning, and determined that H, who is not a transport business entity, independently run the taxi transport business of this case using the Plaintiff’s name, while the Plaintiff’s direction and supervision was excluded, did not err in the misapprehension of the scope of discretion or abuse of the disposition of this case ordering the reduction of the number of taxi of this case on the grounds of this.

In light of the relevant legal principles and records, the judgment below is just and acceptable. In so doing, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on nominal use and abuse

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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