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

A. The Plaintiff is a corporation that operates a petroleum retail business in Seo-gu Incheon Metropolitan City.

B. On October 23, 2014, the Institute conducted a quality inspection on the Plaintiff corporation, and on November 3, 2014, notified the Defendant that the vehicle transit collected from the tank of the oil tank C (hereinafter “instant oil tank”) at the time of the quality inspection constitutes a fake petroleum product with 45% different petroleum products (e.g., oil, etc.).

C. On December 2, 2014, the Defendant issued a disposition suspending business for three months on the ground that the Plaintiff stored and sold fake petroleum products to the Plaintiff.

(hereinafter “Disposition of this case”) (hereinafter “Disposition of this case”) is without dispute, Gap evidence No. 1, Eul evidence No. 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had kept light oil and oil in the 2,000 liters of the instant oil tank (hereinafter “the first oil tank”) and the 1,000 liters of the instant oil tank (hereinafter “the second oil tank”). In the process of receiving light oil from the agent, the Plaintiff added a valve which separates the first and the second oil tank from the first oil tank while inserting it in the process of being supplied with light oil by the agent, and then opened a valve which combines the first oil and the second oil, but the valve was already cut off immediately after the second oil tank was introduced into the second oil tank, and 400 liters of petroleum were generated.

Therefore, the above mixed petroleum is generated as a fruit in the process of injecting it, and cannot be deemed as a fake petroleum product manufactured for the purpose of using it as fuel or allowing it to use it. Thus, the instant disposition based on the premise that the above mixed petroleum is a fake petroleum

In addition, considering the fact that the Plaintiff did not sell the mixed petroleum generated by the above room and immediately after the discovery, and that the quantity of the mixed petroleum is only 400 liters, the instant disposition is unlawful as it deviates from discretion and abused.

(b) The attached Form of relevant Acts and subordinate statutes;