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(영문) 광주지방법원 2020.09.16 2019나67400
손해배상(기)
Text

1. Of the part against the defendant in the judgment of the court of first instance, the following part of the order to pay is applicable.

Reasons

1. The scope of the judgment of the court of first instance against the Co-Defendant A (hereinafter “A”) of the court of first instance, for which the Plaintiff claimed damages for damages, KRW 76,878,779 and damages for delay against the Defendant, jointly with the Defendant, KRW 74,134,269, and damages for delay, the court of first instance dismissed the Plaintiff’s claim for partial delay damages, and ordered the Defendant to dismiss the Plaintiff’s claim against the Defendant.

Since the plaintiff appealed against the defendant among the judgment of the court of first instance, only the part of the plaintiff's claim against the defendant becomes the scope of the judgment of this court.

2. Basic facts

A. A is a trucking business operator prescribed under the Trucking Transport Business Act, and is a person registered as the representative director of A two times from May 12, 201 to March 6, 2013, and from April 1, 201 to March 20, 2015, by concluding an entrustment contract with an entrusted owner operator to entrust the operation and management right of cargo transportation services to an entrusted owner operator in exchange for a truck. A is a person who has been registered as the representative director of A through two times as a trucking trucking business operator under his/her name.

B. From June 28, 201 to February 22, 2012, A’s de facto operator: (a) during the course of the scrapping of vehicles, such as D, E, F, G, H, I (hereinafter “each of the instant cargo vehicles”) used for special purposes, and (b) obtained a notification of the scrapping of the relevant vehicle from the K Association, stating the J of the notification of the scrapping of the scrapping of the vehicle only for business purposes, and submitting it to the public official in charge of the registration of the scrapping of the relevant vehicle to submit the notification of the scrapping of the vehicle to the North-gu Office in charge of the registration of the scrapping of the relevant vehicle, and instead obtain the permission of alteration.

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