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(영문) 광주고등법원 2020.07.22 2019나24420
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

1. Basic facts

A. The status of the parties is the trucking transport business entity stipulated under the Trucking Transport Business Act. A is a person who is a trucking business entity under the owner’s name and actually manages the entrusted truck under the owner’s name by exercising the right to operate and manage the trucking transport business or by entrusting it with the management right to operate and manage the trucking transport business from the owner of the land to the owner of the land to the owner of the land, and the Plaintiff is a trustee company (consigning company) that received fuel subsidies from the Plaintiff and made the owner of the land to operate the trucking transport business. The Defendant is a person who actually operated approximately 11 trucking companies (F, E, limited liability companies, D, limited liability companies, G, H, limited liability companies, I, K, limited liability companies, L limited companies, and M companies), and the Plaintiff is a person who actually paid subsidies from around January 201 to August 23, 2015 to the owner of the land under the name of the owner of the vehicle from around 31, 201-A.

B. Administrative disposition 1) Article 3(5)1 of the former Trucking Transport Business Act (amended by Act No. 7100, Jan. 20, 2004; Act No. 7711, Dec. 7, 2005; Act No. 7711, Dec. 7, 2005) 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 freight transport,” as one of the criteria for permission to change the freight trucking services, which had been operated as a previous registration system, into a licensing system, and “the supply standards for trucking transport services” established and publicly announced under the above provision, is a new supply (permission) of trucking transport business

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