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1. The plaintiff's appeal and the claim added in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
Reasons
1. The reasoning of the court’s explanation concerning this case is as follows. Except for the part which is determined additionally under Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, the reasoning of the court’s explanation concerning this case is as follows. As such, this part of the reasoning of the judgment of the court of first instance is identical to the part which is stated in the reasoning of the judgment of the court of first instance.
[Supplementary fact-finding on the part of the court of the first instance on April 17, 1998, although it is recognized that the parking fees for public parking lots were partially increased due to the amendment of the parking lot ordinance at the time of the first instance court on April 17, 1998, it is difficult to view that the defendant's duty to act under the principle of good faith, social rules, or sound reasoning that the Ordinance should be amended to increase the towing fees for the plaintiff as towing agent, and there is no other evidence to acknowledge otherwise.
2. Additional determination
A. The gist of the Plaintiff’s assertion is that the Defendant, even though the Plaintiff was acting as an agent for the towing of illegal parking vehicles, performed the crackdown on the vehicle moving vehicles for illegal parking vehicles from around 2006, thereby making the Plaintiff impossible to actually engage in the towing business.
This prevents the Plaintiff’s business in violation of the duty of prohibition of competitive business that the Defendant owes to the Plaintiff under the principle of good faith. As such, the Defendant should pay at least KRW 174,565,000 of the asset value recognized by the Defendant at the time of commencement of the Plaintiff’s business, as damages for nonperformance or tort.
B. The Defendant’s judgment on the liability for nonperformance of the duty to compensate for the Plaintiff’s towing duty or similar work between the Plaintiff and the Plaintiff.