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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a corporation established for the purpose of gas station business, etc., and operates a gas station with the trade name of “A” (hereinafter “A”) in Seo-gu Incheon, which is the location of its head office, and a gas station with “A” (hereinafter “D gas station”) in Seo-gu, Incheon.
B. As a result of the petroleum distribution inspection, the president of the Seoul Metropolitan Area south-gu Headquarters discovered the relevant violation and notified the Defendant of the fact on October 18, 2018.
1) On October 15, 2018, “A” (hereinafter “instant 2 supply method”) supplied petroleum products (hereinafter “instant 2 supply method”) to “the Plaintiff violated the methods of supplying petroleum products (130,938 liters (19 times), 135,230 liters (18 times)”) by using a vehicle (transport equipment) exceeding 5 loaded capacity to “D stations” on October 15, 2018, using a vehicle (transport equipment) to supply “G gas stations”, “F gas stations”, “G gas stations” from 130,938 liters for automobiles, and 135,230 liters for automobiles (18 times)” (hereinafter “instant 2 supply method”) to supply petroleum products to “G gas stations”, 2018.
C. Accordingly, on March 25, 2019, the head of the Seo-gu Incheon Metropolitan City imposed a penalty surcharge of KRW 7.5 million on the Plaintiff on the ground that each of the instant supply activities constitutes a violation of Article 39(1)10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “The Petroleum Business Act”). D.
The Plaintiff filed an administrative appeal against each disposition of the instant case, but the Incheon Metropolitan City Administrative Appeals Commission dismissed the Plaintiff’s respective administrative appeal on July 29, 2019.
[Ground of recognition] A.