logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2020.09.09 2019나22639
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the defendant, including the selective claim added by this court, is as follows.

Reasons

1. Basic facts

A. The parties 1) A is the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”).

) A is a trucking transport business entity as prescribed by the trucking transport business entity. In other words, A is a person who has served as a representative director of A from March 16, 2012 to November 16, 2015, and is a person who has been employed as a trucking transport business entity in the Republic of Korea by entrusting the name of the trucking owner to A and reverted to A the ownership and the right to manage the operation of the trucking motor vehicle. In the Republic of Korea, a trucking transport business entity is running a trucking transport business by entering into an entrustment contract under which the owner is entrusted with the right to manage the operation of the trucking motor vehicle and pays a certain amount of management fee to A.

3) From March 13, 2013 to November 24, 2015, the Plaintiff is a local government that provided fuel subsidies for a trucking vehicle in the name A pursuant to Article 43(2) of the Trucking Transport Act. (b) The amendment of the relevant Act and its subordinate statute and the illegal registration of cargo vehicles; (c) Article 3 of the former Trucking Transport Business Act (amended by Act No. 7100, Jan. 20, 2004) prescribed the trucking transport business as a registration system.

However, the former Trucking Act amended on January 20, 2004 added the requirement that “the Ministry of Construction and Transportation shall meet the supply standards publicly announced by the Minister for each type of business in consideration of the transport demand of cargo,” as one of the criteria for the permission for trucking transport business or the permission for modification involving the expansion of trucking transport business while converting trucking transport business into

In principle, the "Standards for the Supply of Trucking Transport Services" established and announced in accordance with the above provisions prohibits the new supply (permission) of trucking transport business, and stipulates that trucking transport business shall run a trucking transport business after obtaining permission from the Mayor/Do governor only for some special-purpose truck which are unlikely to exceed supply

2. Attached Form A, the ownership of which is registered in the name of A.

arrow