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(영문) 인천지방법원부천지원 2016.11.16 2015가단18901
손해배상
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company running trucking transport business, and the Defendant A is a person conducting trucking business under the trade name of “C,” and the Defendant B is a person who opened a bank account in which the fees are paid to the Plaintiff at the time of acting as the truck license plate broker for the Plaintiff as follows and provided it to the Defendant A.

B. On November 5, 2014, the Plaintiff, as a broker of Defendant A, intended to purchase KRW 147,000,000 in total, seven truck number plates (hereinafter “instant number plates”) under the following, registered under the name of the Seosan Korea Transportation Co., Ltd. (hereinafter “Seosan”); and transferred the said money to the deposit account in Defendant B’s name.

D, E, F, G, H, I, and J

C. Defendant A heard that he could sell a general cargo license plate from K that he had the right to sell the instant cargo license plate, as above, mediated the sales contract as above, and remitted KRW 140,000,000 out of the purchase price received from the Plaintiff to K.

The provisions of relevant Acts and subordinate statutes shall be as follows:

(1) Any person who intends to operate trucking transport business shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(5) The criteria for permission for trucking transport business or permission for revision accompanying the expansion of trucks under the main sentence of paragraph (1) or (3) are as follows:

Article 3 (2) of the Addenda to the Trucking Transport Business Act. A person who intends to operate a trucking transport business from December 31, 2004 to December 31, 2004, under title trust or termination of an entrustment contract, among persons entrusted with trucking transport business by a trucking transport business to a person operating a trucking transport business at the time of the promulgation of this Act, may, notwithstanding the provisions of Article 3 (5) 1, apply for permission to the Minister of Construction and Transportation, and the Minister of Construction and Transportation in receipt of

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