A. On December 13, 2016, the Defendant entered into a contract for transfer and takeover of rights with the purport to acquire the F station located in E (hereinafter “instant gas station”) from D on a premium of 25 million won, and acquired and operated the instant gas station from D from January 22, 2017.

B. On January 17, 2017, the gas station in the instant case where: (a) part of the transit 8,000 liters, which the Plaintiff served as the representative director, had been supplied to D on January 17, 201; (b) the employees of the Seoul Southern Headquarters in the Republic of Korea of the Institute collected samples from the gas station in the instant case on January 24, 2017 and conducted quality inspections; (c) it was confirmed that other petroleum products were mixed with 15% to 20% of the automobile diesel in the instant two samples.

C. On March 17, 2017, the public housing market imposed a penalty surcharge of KRW 50 million on the Defendant pursuant to Article 13 of the same Act on the ground that “the Defendant stored, stored, and sold fake petroleum products mixed with other petroleum products on an automobile transit, thereby violating Article 29 of the Petroleum and Petroleum Substitute Fuel Business Act.”

When imposing the above penalty surcharge, the public order market was issued on April 20, 2017, and if the defendant does not pay the penalty surcharge within the deadline, he/she revoked the imposition of the penalty surcharge and notified that he/she would change the disposition to the 15th day of the business suspension.

On April 7, 2017, the Plaintiff paid the Defendant a total of KRW 50 million on April 2, 2017, and KRW 25 million on April 11, 2017.

E. On April 24, 2017, the Defendant did not pay a penalty surcharge within the said payment period, and the official housing market revoked the imposition of a penalty surcharge against the Defendant and ordered the suspension of business for a period of 15 days per month.

F. On May 1, 2017, the Defendant was sentenced to a stay of execution regarding the disposition suspending the business as the Daejeon District Court Decision 2017A61, and on December 21, 2017, the said judgment became final and conclusive on January 10, 2018.

[Reasons for Recognition]