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(영문) 서울중앙지방법원 2016.07.22 2013가합522065
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are the parties 1) The defendant Seoul Special Metropolitan City (hereinafter "Defendant Seoul Special Metropolitan City").

(2) Defendant C, D, and E are public officials belonging to Defendant Seoul Metropolitan Government.

B. Defendant Seoul Metropolitan Government issued the first order to reduce the number of vehicles to the Plaintiffs of Defendant Seoul Metropolitan Government (1) on May 22, 2008, and Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) on November 2007, and Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) on June 23, 2007, operated 25 taxis listed in the separate sheet No. 1, and Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) on a contract basis and had another person operate passenger transport business by operating 23 taxis listed in the separate sheet No. 1 in each contract form, thereby having the other person operate passenger transport business. Defendant Seoul Metropolitan Government violated the prohibition of the use of name as provided by Article 13 of the former Passenger Transport Service Act (amended by Act No. 8980, Mar. 21, 2008).

2) The first order to reduce the number of vehicles in this case was issued to the effect that the registration certificate and the registration number plate of this case are voluntarily returned (hereinafter “the first order to reduce the number”).

(2) Defendant Seoul Metropolitan Government kept the registration number of the taxi subject to the first order to reduce the number of automobiles on June 23, 2008 in accordance with the instant order to reduce the number of automobiles.

Accordingly, the plaintiffs filed an administrative suit against the defendant Seoul Seoul Administrative Court No. 2008Guhap22549 against the revocation of the first order to reduce the number of vehicles in this case, and was awarded a favorable judgment on July 9, 2009.

On August 4, 2009, the Plaintiffs recovered the registration number of the first taxi of this case.

3) On the above Seoul Administrative Court Decision 2008Guhap22549, Defendant Seoul High Court appealed, but the Seoul High Court dismissed Defendant Seoul High Court’s appeal on February 10, 2010 (as of January 27, 2010), and the Supreme Court also dismissed Defendant Seoul High Court’s appeal on May 27, 2010, thereby the above judgment became final and conclusive (hereinafter referred to as “the above judgment”).

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