1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The defendant is a company whose purpose is to carry out automobile transportation business of area cargo.

B. Around April 2001, B entered and operated the Defendant and C cargo vehicles, and entered into an entrusted management contract for the automobile transportation business that requires the Defendant to pay KRW 180,000 per month from July 2001 to the Defendant, and the Plaintiff succeeded to each of the above entrusted management contracts around April 2002, around August 2003.

C. The Plaintiff, while driving the said vehicle, was subject to a fine as stated below in violation of the Road Act, such as an excessive charge, and paid the fine.

In addition, according to Article 86 (Joint Penal Provisions) of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and wholly amended by Act No. 8976 of Mar. 21, 2008; hereinafter “former Road Act”), the Defendant was separately imposed a fine equivalent to the Plaintiff (hereinafter “instant fine”), and the said fine was fully paid as shown in Table 1 below.

[Attachment 1] 1: Gwangju District Court 2003 High Court 536 (203 type 3237) 30,000 July 6, 2003; 2003 High Court 1,000,000 1,07 Gwangju High Court 1, 207. 308 High Court 207. 308 High Court 206. 8. 3068 High Court 2968 (2002 type 61483), Gwangju High Court 205. 1, 2004

D. On July 30, 2009, the Constitutional Court ruled that Article 86 of the former Road Act was unconstitutional.

The Constitutional Court en banc Order 2008Hun-Ga17 Decided July 30, 2009.