1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff succeeded to the status of a petroleum retailer from B, and from March 20, 2014, the Plaintiff operates D gas station (which was changed to E gas station after the trade name was changed to E gas station; hereinafter referred to as “instant gas station”) in Sungsung City from March 20, 2014.

B. On February 5, 2014, the employees of the Seoul Southern Headquarters Inspection Team in the Republic of Korea collected samples from the main districts located in the instant gas station. As a result of the quality inspection of the samples, it was analyzed that the said samples constitute fake petroleum products as defined in Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “The Petroleum Business Act”) with a mixture of products with approximately 10% of other petroleum products (such as light oil, etc.) on a car diesel.

C. On April 3, 2014, the Defendant imposed a penalty surcharge of KRW 100,00,000 on the Plaintiff pursuant to Articles 14(1)3, 13(3)8, and 12 of the Petroleum Business Act on the ground that the Plaintiff violated Article 29(1)1 of the Petroleum Business Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 5 (including branch numbers for those with branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 5, the purport of the whole pleadings [founded statutes] The meaning of terms used in this Act is as follows:

10. The term "fake petroleum products" means comburents, additives (including additives prescribed by other Acts) and other products (excluding alternative fuels referred to in subparagraph 11) manufactured by any of the following methods, regardless of their names, which are manufactured for the purpose of using them as fuel for motor vehicles provided for in subparagraph 1 of Article 2 of the Motor Vehicle Management Act, and vehicles and machinery (limited to where gasoline or light oil is used as fuel) prescribed by Presidential Decree:

The method of mixing petroleum products with other petroleum products (including petroleum products whose grade is different).