사업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 7, 2014, the Plaintiff registered the petroleum selling business (gas station) to the Defendant, and runs the petroleum selling business under the trade name of “C” in “C” (hereinafter “instant gas station”).
B. On November 18, 2016, the Institute discovered, as a result of the quality inspection of petroleum products with respect to the gas stations in the instant case, a mixture of about 7% of oil for automobiles in T-3 oil storage facilities (the inventory quantity 3,241L; hereinafter “instant storage facilities”).
C. On January 5, 2017, the Defendant violated Article 29 of the Petroleum and Petroleum Substitute Fuel Business Act by manufacturing, importing, storing, transporting, keeping, or selling fake petroleum products which combine about 7% of other petroleum products (such as oil, etc.) in the automobile transit (hereinafter “instant violation”) (hereinafter “petroleum Business Act”), and Article 13(3) of the Petroleum Business Act, on the ground that the Defendant was subject to a disposition of business suspension for three months pursuant to Article 13(3) of the Petroleum Business Act.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 8 and 10, and the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. The plaintiff's assertion 1) The non-existence of the ground for disposition in this case is a mixed oil accident that occurred when an arbrate employee of the gas station in this case puts the light oil contained in a private container in the storage facility of this case, with the office heating, which was loaded in another private container, and the plaintiff did not have any intention to commit the act of violation. (2) The plaintiff did not have intention to commit the act of violation. (2) The reason why the mixed oil occurred in the storage facility of this case, the circumstance that the mixed oil occurred in the facility of this case is not large, and the plaintiff's interest and the borrower's damage are minor. (3) The plaintiff was subject to disposition without suspicion in the case of violation of the Petroleum Business Act concerning the violation of this case. (4) The gas station of this case did not violate relevant Acts and subordinate statutes.