logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2020.09.09 2019나24611
손해배상(기)
Text

1. The part of the judgment of the first instance, including the selective claim added by this court, against the Defendants is as follows.

Reasons

1. Basic facts

A. The status of the parties 1) A (trade name before the modification: Limited Company B, and “B” for convenience;

) Trucking Transport Business Act (hereinafter referred to as the “ Trucking Transport Business Act”)

(B) As a trucking transport business entity prescribed in Section B, a trucking transport business entity is an affiliated company. In other words, B is an affiliated owner owner and an affiliated owner owner, and an affiliated owner owner and an affiliated owner owner mutually vests in B with B the ownership and the right to manage the operation of the truck by entrusting the name of his/her trucking business to B. However, in the Republic of Korea, the trucking transport business was carried out by entering into an entrustment contract with the owner of his/her own account under which he/she would pay a certain amount of management fee to B. (2) Defendant C is the actual operator of Section B and a person who served as the representative director of Section B from October 21, 2010 to April 19, 2012.

3) Defendant D is a person registered as the representative director of B from April 19, 2012 to November 12, 2015. 4) The Plaintiff is a local government, from April 9, 2013 to October 12, 2015, to which he/she paid fuel subsidies to the vehicles located in B’s name pursuant to Article 43(2) of the Trucking Transport Act.

B. The amendment of the Act and subordinate statutes and the illegal registration of cargo vehicles 1) Article 3 of the former Trucking Transport Business Act (amended by Act No. 7100, Jan. 20, 2004) set the registration system for 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 permit for trucking transport businesses, while converting the trucking transport business into the permission system.” The Standard for Trucking Transport Business Supply established and publicly announced under the said provision, is an exception to the new supply of

arrow