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(영문) 대구지방법원 2019.08.30 2018구단10311
화물자동차 운송사업허가취소처분취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On October 30, 2015, the Plaintiff, a corporation operating trucking transport business as prescribed by the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”), entered into a contract with B to acquire 34 general-use truck vehicles (hereinafter “each of the instant vehicles”) held by the said company by transferring it to C without obtaining permission for change, and then changed the trade name of the said C to A limited liability company on November 4, 2015, and transferred the location of the principal office of the instant vehicles to Gyeongldong-gun, Gyeongldong-gun, the location of the principal office of each of the instant vehicles.

B. The Plaintiff’s representative director E was charged with violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Aggravated Punishment, etc. of Trucking Transport Business for the reason that each of the instant vehicles was registered by the method of illegal scrapping and did not obtain the permission of change from the Minister of Land, Infrastructure and Transport, and was charged with the violation of the Act on the Aggravated Punishment, etc. of Trucking Transport Business for the reason that the Plaintiff was charged with the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Aggravated Punishment, etc. of Trucking Transport Business for the reason that he was engaged in trucking transport business without obtaining the permission of change, and the Plaintiff was charged with the violation of the Aggravated Punishment, etc. of Trucking Transport Business Act (Article 69(1) of the Trucking Transport Business Act).

(F) Daegu District Court 2016Gohap73). (C)

On November 16, 2016, the Defendant issued a disposition to suspend the operation of each of the instant vehicles for 60 days and to refuse the payment of fuel subsidies on the ground that the Plaintiff obtained permission for change pursuant to Article 3(3) of the Trucking Transport Act by improper means or changed the permitted matters without obtaining permission for change. The Defendant received subsidies by false or unjust means on the 18th of the same month.

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