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(영문) 서울고등법원 2019.07.04 2019누32292
과징금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds alleged by the plaintiff in the trial while filing an appeal for the acceptance of the judgment of the court of first instance are not significantly different from the contents alleged by the plaintiff in the court of first instance, and the judgment of the court of first instance dismissing the plaintiff's claim even if the evidence submitted in the court of first instance and the court of first instance are

Therefore, this court's reasoning is identical to the reasoning of the judgment of the court of first instance except for dismissal or addition as follows. Thus, this court shall accept it in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

Part 3 of the judgment of the first instance court, the "Enforcement Rule of the Truck Act" in Part 20 shall be deemed to be the "Enforcement Rule of the Trucking Transport Business Act" (hereinafter referred to as the "Enforcement Rule of the Trucking Transport Business

The following grounds are as follows: “The Plaintiff is obligated to directly transport 21 vehicles from among the 21 vehicles belonging to it,” and the Plaintiff did not conclude a transport contract with the owner in 2016. As to the 201 vehicles from among the 21 vehicles belonging to it, the Plaintiff did not bear the duty of direct transport and the duty of minimum transport. As to the 21 vehicles from the 2016 vehicle, the Plaintiff asserted that the 21 vehicles from the 2016 vehicle should be excluded from the “number of the vehicles belonging to the Plaintiff,” in calculating the standard amount of the 2016 vehicle from the “number of the vehicles belonging to the Plaintiff.”

However, as seen earlier, trucking statutes impose a duty of direct transport on cargo that has entered into a transport contract with a trucking business operator who owns more than two trucks, and impose a duty of direct transport on a trucking business operator who has such duty of direct transport, and impose a duty of minimum transport on the trucking business operator who has such duty of direct transport, with regard to “number of the affiliated trucks” which serves as the basis for calculating the standard amount of the duty of minimum transport, at least one year with another trucking business operator.

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