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(영문) 수원지방법원 2018.05.25 2017구단9573

영업정지처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) B operated the “D gas station”, “F gas station”, “H gas station”, “H gas station”, and “J gas station”, respectively, in E of the Asia-si, Suwon-si, Suwon-si, and “Y gas station”.

Doll K et al., from September 2016 to August 2017, 201, through the petroleum storage located in Gwangju City, there was a mixture of approximately 15% of other petroleum products in the transit for fake petroleum products, by mixing oil and light oil, for which identification agents have been removed.

85.40,00 liters (mar worth KRW 10.6 billion) produced and supplied 14 gas stations nationwide. The F station, H station, and J gas station operated by B were supplied with fake petroleum products manufactured as above on a regular basis every week from September 2016 to August 2017 and sold them to consumers. D gas stations operated by B were supplied with fake petroleum products manufactured as above three times in total from May 2017 to July 2017.

around August 9, 2017, the Plaintiff acquired D gas stations and H gas stations from B and revised the registration of the change of the petroleum selling business around that time. L around that time acquired F gas stations from B, thereby registering the change of the petroleum selling business.

Applicant On December 8, 2017, the Defendant amended the former Petroleum and Petroleum Substitute Fuel Business Act (Act No. 14774, Apr. 18, 2017) by Act No. 14474, Apr. 18, 2017, and Article 1 of the Addenda provides that “this Act shall enter into force on the date six months have elapsed after its promulgation,” and Article 4 of the former Enforcement Rule of the Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 14774, Oct. 19, 2017; hereinafter the same) provides that “the former provision shall govern the administrative disposition against the violation before this Act enters into force.”