A. The Plaintiff is a legal entity established for the purpose of oil sales and storage business, and the Defendant is a petroleum sales business entity running a gas station (hereinafter “instant gas station”) under the trade name “D gas station” in Daejeon-gu Daejeon.

B. The oil storage tank of the instant gas station is kept in total of four tanks, 1, 3, and 4, and the tank 2, respectively. On May 29, 2015, E, an employee of the Plaintiff, supplied via the gas station of the instant case 20,00 square meters and completed injecting via the gas station of the instant case 1 tank 3 times to the gas station, but, on the other hand, via approximately 34 seconds of gasoline tanks, the gas tank of the instant case was flowed through approximately 39.84 liters of the tank 2.

(hereinafter “instant mixed oil”). C.

On May 29, 2015, the staff of the Chungcheong Headquarters confirmed that the content of the instant gasoline tank was approximately 5% of the diesel content after collecting samples from the gasoline tank of the instant gas station and conducting quality inspections, and on July 29, 2015, on the ground that “the Plaintiff violated Article 29 of the Petroleum and Petroleum Substitute Fuel Business Act by storing, keeping, and selling fake petroleum products mixed with diesel on a motor vehicle gasoline” on the ground that “the Plaintiff violated Article 29 of the Petroleum and Petroleum Substitute Fuel Business Act by storing, keeping, and selling fake petroleum products.”

(hereinafter “instant disposition”) D.

Accordingly, on August 19, 2015, the Plaintiff remitted the penalty surcharge of KRW 50 million to the Defendant due to the instant mixed oil, and the Defendant withdrawn it on the same day and paid the penalty surcharge of KRW 50 million to the Jung-gu Office.

E. The Defendant filed an administrative lawsuit against the head of the Daedae-gu Office (Seoul High Court 2016Nu12064) seeking the revocation of the instant disposition, but was sentenced to a judgment against July 20, 2016. The Defendant appealed (Seoul High Court 2016Nu12064) and was rendered a favorable judgment in the appellate court to revoke the instant disposition on March 23, 2017, and the said judgment became final and conclusive on April 8, 2017.

[Ground of recognition] Unsatisfy, A(1) through (3)