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(영문) 광주고등법원 2020.07.22 2019나23052
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

Co-Defendant A Limited Liability Company A (hereinafter referred to as “A”) of the first instance trial is a trucking transport business operator prescribed by the Trucking Transport Business Act. As to the entrusted trucking transport business operator under his/her ownership, the above entrusted owner operator entered into an entrustment contract with the said entrusted owner operator to entrust the operation and management right of the trucking transport business with the said entrusted owner operator, by entering into the said entrustment contract with the said entrusted owner operator. The said entrusted owner operator is the said entrusted owner operator who received a fuel subsidy from the Plaintiff to operate the trucking transport business.

The defendant is a person who actually manages approximately 227 of the affiliated truck by exercising the right to operate and manage the 227 affiliated truck directly or by entrusting it to a designated borrower while substantially operating approximately 11 affiliated companies (A, E, limited liability companies D, F, limited liability companies, G, limited liability companies, H, limited liability companies I, limited liability companies, J, limited liability companies, K, limited liability companies, limited liability companies, and stock companies) as the representative director of A from June 25, 2010 to November 16, 2015.

The Plaintiff is a local government that granted fuel subsidies under Article 43(2) of the Trucking Transport Business Act and Article 9-14 of the Enforcement Decree of the same Act to a motor vehicle owned by A from March 22, 2013 to October 1, 2015.

Article 3 of the former Trucking Transport Business Act (amended by Act No. 7100 of Jan. 20, 2004; hereinafter “ Trucking Transport Business Act”) of the Gwangju Metropolitan City Mayor’s administrative disposition provides for trucking transport business as a registration system. However, with the amendment of the above provision on Jan. 20, 2004 by Act No. 7100 of Jan. 20, 2004, trucking transport business was converted into a permission system. As a result, one of the criteria for permission for trucking transport business or permission for change involving the permission for trucking transport business, “the Minister of Construction and Transportation must meet the supply standards publicly announced by the Minister for each type of business, taking into account

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