Whether it falls under Article 58 of the Automobile Transport Business Act (negative) of the act of transporting the arrival cargo by private cars that carry on the consignment or storage business from the place of business to the place requested by the consignor or the shipper and receiving the delivery fee equivalent to the actual cost (negative)

In a case where a person operating a business office of ordinary cargo which carries on the consignment of the cargo or the custody of the arrival cargo transports the cargo to the place requested by the consignor or the shipper from the business office for private use, and receives the amount equivalent to the actual cost as the delivery fee, it cannot be deemed that the private motor vehicle prohibited by Article 58 of the Motor Vehicle Transport Business Act is used for the commercial transport of the cargo.

Article 58 of the Automobile Transport Business Act

Attorney Choi Won-young

A co-inspector;

Daejeon District Court Decision 89No1203 delivered on July 5, 1990

The appeal is dismissed.

As to the Grounds of Appeal

The judgment of the court below to this purport is justified and inconsistent with the opinion of the court below, on the ground that the case where the person operating a business place of regular cargo which carries on the consignment of the cargo or the custody of the arrival cargo transports the cargo to the place requested by the consignor or the owner of the cargo from the business place to the place requested by the consignor or the owner, and the amount equivalent to the actual cost is paid as the delivery fee.

Therefore, this appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-ju (Presiding Justice)