Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
On June 5, 2012, the Defendant claimed the claim against the Plaintiff.
Reasons
1. Facts of recognition;
A. B’s private taxi transportation business license 1) B’s private taxi transportation business from F around December 1996 (hereinafter “instant transportation business”).
On December 30, 1996, after entering into a contract to take over the above transfer and acquisition, after obtaining authorization from the head of Nowon-gu in Seoul Special Metropolitan City. Accordingly, B acquired a personal taxi transport business license. 2) B was discovered while driving under the influence of alcohol 0.293% on October 6, 2001 and the driver’s license was revoked on November 15, 2001.
This constitutes a ground for revocation of license under Article 76 (1) 15 of the former Passenger Transport Service Act (amended by Act No. 8095 of Dec. 26, 2006), which was in force at the time, but the defendant did not revoke the private taxi transport business license under B.
3) B obtained a driver’s license again on August 7, 2002. (b) On April 5, 2006, the Plaintiff entered into a contract to take over the instant transportation business through E (B) through a broker E (the broker) and paid down payment, and then filed an application for authorization for the said transfer or acquisition with the head of Gwanak-gu in Seoul Special Metropolitan City [the head of Gwanak-gu, Seoul Special Metropolitan City delegated the authorization for the transfer or acquisition of transportation business by the Defendant pursuant to Article 67(2) of the former Passenger Transport Service Act (amended by Act No. 8511, Jul. 13, 2007; hereinafter “the head of Gwanak-gu”).
2) On April 18, 2006, the head of Gwanak-gu Office approved the above transfer and acquisition pursuant to Article 15(2) of the former Passenger Transport Service Act (amended by Act No. 8511 of Jul. 13, 2007) and Article 10 of the former Enforcement Decree of the Passenger Transport Service Act (amended by Presidential Decree No. 21077 of Oct. 8, 2008). Accordingly, the Plaintiff’s license for private taxi transport business (hereinafter “instant transport business license”).
(3) The Plaintiff shall pay to B the intermediate payment on April 20, 2006, and the remainder on April 27, 2006, respectively.