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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 16, 2004, the Plaintiff has been operating a marine cargo transport business after completing business registration under the trade name of “B”.
B. On October 19, 201, the Plaintiff filed a license for the primary passenger transportation services with the Defendant for the following passenger transportation services.
(2) On October 27, 201, the term “air route”: (a) the number of navigation hours at least five minutes each day: 50 minutes each day: C remodeling input (230 tons, 50 passengers, and 25 automobiles): the Defendant, on October 27, 201, rejected the Plaintiff’s application for a new passenger transport business operator’s license for the same route as the instant application route (hereinafter “this case’s application route”) on the ground that “the number of navigation hours at least 5 minutes each time” (hereinafter “instant application route”) - the number of navigation hours at least 5 minutes each day: (b) the number of navigation hours at least 24.5 meters per day; (c) the Defendant already made an application for a new passenger transport business operator’s license for the same route as the instant application route (hereinafter “5 years old passenger transport business operator’s average service route”) at least 40% prior to the instant application route; and (d) the previous passenger transport business operator’s average service route at least 50% per two years thereafter.
C. The Plaintiff filed an administrative litigation and the withdrawal of the lawsuit filed an administrative litigation with the Gwangju District Court 2012Guhap4661 on May 30, 2013, and the Gwangju District Court constituted the same route as that of Paragraph 3, and Article 4 of the Enforcement Rule of the former Enforcement Rule of the Marine Transportation Act of the average boarding time of the entire passenger ship, including the passenger ship of the instant application route, which is placed on Paragraph 3, for the last three years.