Text
1. Of the judgment of the first instance, the parts concerning the primary defendant, Incheon Metropolitan City, and Y, an incorporated association, shall be modified as follows:
Reasons
1. Facts of recognition;
A. On December 24, 2007, the defendant Incheon Metropolitan City amended the Incheon Metropolitan City Ordinance on Passenger Transport Services, etc. (hereinafter “the instant Ordinance”) by the Incheon Metropolitan City Ordinance No. 4120 on December 24, 2007, and newly established the definition of the terms “joint management of bus transport income” and “improvement of bus transport systems” (Article 2(1)10 and 11). The defendant Incheon Metropolitan City newly established a provision that includes shortage in transport income due to joint management of bus transport income (Article 3(2)2).
B. On July 2009, Incheon Metropolitan City bus transportation business entities, including the Plaintiffs, jointly manage the transportation revenues of each bus transportation business entity participating in each completion system (hereinafter “bold bus transportation business entity”) pursuant to Article 11 of the former Passenger Transport Service Act (amended by Act No. 14949, Oct. 24, 2017; hereinafter “former Passenger Transport Service Act”) to participate in the joint management of the transportation revenues of each bus transportation business entity, jointly manage the transportation revenues of each bus transportation business entity participating in each completion system (hereinafter “broad transportation business entity”), organize and operate the Y Committee to jointly manage the transportation revenues of each bus transportation business entity, and jointly manage the transportation revenues of the bus transportation business entity, and entrust the authority of the business entity with the authority delegated to the said Committee on the management of revenues, by understanding the purport of the above joint transportation agreement and presenting a written consent related to the joint management of revenues and the decision-making process to the Committee.
C. Defendant Y (hereinafter “Defendant Committee”) is an incorporated association on July 31, 2009.