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(영문) 서울고등법원 2018.04.13 2017나2033122
손해배상(기)
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasoning for this part of the reasoning is as stated in Paragraph (1) of the judgment of the first instance, except where the court uses the “design project” in Paragraph (1) of the reasoning of the judgment of the first instance as “the principal industry of a stock company”. Thus, this part of the reasoning is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The gist of the plaintiffs' assertion is as stated in Article 420 of the Civil Procedure Act, with the exception that part of the grounds of the judgment of the court of first instance No. 2-A of the grounds of the judgment of the court of first instance is examined as follows. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

Defendant Republic of Korea is liable for damages under Article 2(1) of the State Compensation Act as the person to whom the affairs related to the scrapping and the transfer and takeover of trucking transport business are attributed, and the remaining Defendants are liable for damages together with Defendant Republic of Korea as the person to whom the expenses under Article 6(1) of the State Compensation Act are to be borne by the State Compensation Act.”

3. Determination

A. The relevant statutes, which were enforced at the time of the registration of the transfer or acquisition of the illegal scrapping or trucking transport business under the relevant statutes (from December 4, 2009 to December 21, 2010), are as shown in the attached Form of the judgment of the first instance.

B. (1) In determining the plaintiffs' claims against the defendant Republic of Korea, the acceptance of reports on illegal scrapping and whether the state liability is recognized in the process of the registration of the illegal scrapping vehicles (A) The Trucking Transport Business Act was partially amended by Act No. 7100 on January 20, 2004, and the trucking transport business was changed from the registration system to the permission system, and in the case of the permission for the change involving the permission for the transport business or the increase of the number of vehicles, permission or the permission for the change is required only to meet the supply standards publicly notified by the Minister of Land,

(Article 3(7). Meanwhile, Article 2(4) of the Enforcement Decree of the Trucking Transport Business Act is a truck.

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