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(영문) 부산지방법원 2016.09.30 2014구합2936

종합주류도매업 면허취소처분취소

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1. Disposition on revocation of a license for comprehensive alcoholic beverage wholesale business, which the Defendant rendered to the Plaintiff on September 3, 2014, and on September 24, 2014.

Reasons

1. Details of the disposition;

A. On April 24, 2004, the Plaintiff is a corporation that runs the alcoholic beverage wholesale business with a comprehensive alcoholic beverage wholesaler license obtained from the Defendant. The certificate of comprehensive alcoholic beverage wholesale license against the Plaintiff clearly states the designation condition that “if the Plaintiff sells alcoholic beverages to a non-licensed seller, the license is revoked.”

B. From April 10, 2014 to May 29, 2014, the Busan regional tax office conducted a follow-up survey on the distribution process between January 1, 2011 and December 31, 2013, and the Plaintiff was subject to the disposition of suspension of alcoholic beverage sales licenses for the period of two years and January 15, 2012 (hereinafter “A”), and supplied alcoholic beverages to the Plaintiff (hereinafter “A”), and issued a tax invoice (457,60,000 won), and issued the tax invoice to the Plaintiff on the grounds that the amount of KRW 201 and KRW 30,000 was short of the amount of alcoholic beverages sales license for the period of two years and January 15, 2012 (hereinafter “20,000 won”), and issued the tax invoice to the Plaintiff on the grounds that the amount exceeded KRW 360,700,300,70,300,300,307,300,300.”

C. On September 5, 2013, the Defendant revoked a license for alcoholic beverage sales business (comprehensive alcoholic beverage sales business) on the ground that “The violation ratio of the duty to issue the tax invoices for the second period of February 2011 and the first period of January 2012 is at least 10% [2: 16.1% (4,831,824 won ± 2,820,328,755 won) ±1: 15.9% (460,48,362 won ± 2,897,41,064 won)]; from October 18, 2013 to December 13, 2013, the Defendant sold alcoholic beverages to a person who has no license for alcoholic beverage sales and violated the conditions of the license.”

hereinafter referred to as "the cancellation of this case"

D. The Plaintiff filed the instant revocation lawsuit on September 5, 2014, and on September 5, 2014.