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(영문) 대구지방법원 2018.05.24 2017구합24280
위반차량 운행정지 등 취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Details of the disposition;

A. D’s illegal increase, borrowing and lending 1) D’s trade name E and F Limited Liability Company E and Limited Liability Company F (hereinafter “Limited Company,” “Stock Company,” etc. are omitted.

(2) On November 25, 2009, when an actual manager of a truck, etc. applies for a permit to change the freight trucking services from February 3, 2009 to February 17, 2010, he/she offers a bribe to a public official in charge of trucking transport business (a certificate)-related business, and submits a motor vehicle registration number plate for the purpose of increasing only the number of the motor vehicle for business purpose without taking over the motor vehicle, along with a false motor vehicle transfer certificate, etc. as if he/she actually takes over the motor vehicle, etc., and submits it on November 25, 2009 (a certificate of special use) (hereinafter “each of the instant motor vehicles”).

D) Although the supply of a general truck was restricted in accordance with the supply standard of trucking transport business in 2009, D illegally borrowed and lent G vehicle on December 28, 2009 and H vehicle on December 30, 2009 with each general truck.

3) On May 8, 2014, D was found to have violated the Trucking Transport Business Act on the grounds of the criminal facts of the aforementioned illegal increase vehicles, etc., and was sentenced to two years of imprisonment, three years of suspended execution (the Jeonju District Court 2013Kadan2062), and the said judgment became final and conclusive around that time. (B) The Plaintiff acquired trucking transport business regarding each of the above vehicles illegally increased from E and F, operated by D on July 1, 2010.

2) Around that time, the Plaintiff filed a report on the transfer of trucking transport business to the head of the Dong-gu Seoul Metropolitan City Dong-gu, and the above Defendant accepted all of them. 3) The Plaintiff operated each of the above vehicles from Daegu Metropolitan City while driving the said vehicles.

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