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(영문) 광주고등법원 2020.09.09 2019나24444
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 prescribed in the trucking transport business. That is, A is a trucking transport business entity. In other words, from March 16, 2011 to November 13, 2015, a trucking transport business entity is registered as a representative director of A as a person registered as a representative director from March 16, 201 to November 13, 2015.

3) C is a person who actually runs a limited liability company E, limited liability company F, company G, limited liability company H, limited liability company I (trade name before the change), limited liability company K, limited liability company L, limited liability company M, and stock company N, etc.) and such affiliated company A and such affiliated company C. (4) The Plaintiff is a local government that has granted fuel subsidies for the affiliated vehicles under the name of A from March 22, 2013 to April 16, 2015 pursuant to Article 43(2) of the Trucking Transport Act.

B. The amendment of the statutes and the registration of cargo cars 1) Article 3 of the former Trucking Transport Business Act (amended by Act No. 7100, Jan. 20, 2004) provides for the registration system of trucking transport businesses. However, the former Trucking Transport Business Act amended on Jan. 20, 2004 added the requirement that “the Minister of Construction and Transportation must meet the supply standards publicly announced by the Minister for each type of business in consideration of the demand for trucking transport,” as one of the criteria for the permission for trucking transport businesses or the permission for modification involving the increase of the number of trucking transport businesses, while converting the trucking transport businesses into the permission system.” The Trucking Transport Business Supply Standards established and publicly announced pursuant to the aforementioned provisions, in principle,

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