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(영문) 인천지방법원 2018.06.05 2017가합52633
승차권판매금지 등 청구의 소
Text

1. The Defendant is at a bus stops outside the city with approximately 13.22 square meters located in 1129 mar-dong, Sungnam-gu, Sungnam-gu.

Reasons

1. Basic facts

A. On July 13, 2015, the Plaintiff’s relationship between the parties and the consignment sale of tickets, etc. (i) Passenger Transport Service Act (hereinafter “ Passenger Transport Service Act”) provides that the Plaintiff is a passenger transport service provider from the Sungnam market.

2) According to Article 36, the term “instant terminal” (hereinafter referred to as “instant terminal”) of the Sungnam-si, Sungnam-si, Sungnam-si, 925-ro 16, as Sungnam-si, Sungnam-si.

A) The Defendant is a terminal operator operating a bus, and the Defendant is a route listed in the list of bus routes listed in the annexed Table 1 until January 2018; from January 2018, the route listed in the annexed Table 2 (hereinafter collectively referred to as “instant route”); and the Defendant’s cross-country bus operating the aforementioned route is “instant cross-country bus”.

(2) On July 16, 2015, the Plaintiff entered into a contract with the Defendant for use (hereinafter “instant use contract”) and operated the instant terminal from that time. The main contents of the instant use contract and the terms and conditions of use attached thereto (hereinafter “instant terms and conditions”) are as shown in attached Table 3.

3) Since the Plaintiff’s operation of the instant terminal, the Plaintiff issued and sold tickets for the instant bus at the instant terminal in accordance with the instant contract, and received 10.5% of the ticket price as commission. However, Article 41 of the Passenger Transport Act (Facility User Fees) ① A terminal operator uses the relevant terminal (hereinafter “terminal user”).

If a Mayor/Do Governor intends to receive facility usage fees, he/she shall obtain authorization from the Mayor/Do Governor.

The same shall also apply where user fees for facilities are changed.

In addition, Article 9 of the Terms and Conditions of this case does not receive facility user fees separately.

In addition, passengers boarding the instant bus at the instant terminal.

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