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 is a person who operates a general restaurant (c) with the trade name “C” on the fourth floor of Geumcheon-gu Seoul Metropolitan Government building B.

B. At around 02:00 on July 12, 2013, the Plaintiff was found to have sold liquor to female juveniles D (the age of 16) and E (the age of 17) in the above restaurant.

(hereinafter “instant violation”). On December 31, 2013, the prosecutor of the Seoul Southern District Prosecutors’ Office (hereinafter “Seoul Southern District Prosecutors’ Office”) presented another person’s resident registration certificates as if they were adult and did not constitute a violation of the Juvenile Protection Act against the Plaintiff, but suspended indictment in consideration of the fact that D presented another person’s resident registration certificates as if they were adult.

C. On February 24, 2014, the Defendant imposed a penalty surcharge of 8.4 million won in lieu of the period of business suspension pursuant to Articles 82(1), 75(1)13, and 44(2)4 of the Food Sanitation Act on the ground of the instant violation (i.e., the daily penalty surcharge of 2.24,07,035 won applied to the said restaurant in the year of 2013 x 30 days) on the Plaintiff.

(hereinafter “Disposition in this case”). / [The grounds for recognition] Gap evidence 1, Eul evidence 5 and 6, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The relevant female juveniles asserted by the Plaintiff were arrested at the police while fighting on the street in front of the Plaintiff’s restaurant on the day of the instant case, and there was no snificing by entering the Plaintiff’s restaurant, and thus, the instant disposition was taken by misunderstanding the facts.

(b) Relevant statutes: Attached Form;

다. 판단 ⑴ 사실오인 주장에 관한 판단 ㈎ 을 제7 내지 16호증의 각 기재에 변론 전체의 취지를 종합하면, ① 일행인 D(16세)과 E(17세)이 2013. 7. 12. 02:00경 술을 마시기 위해 원고의 음식점에 들어와 D이 먼저 착석하였고 E은 잠시 화장실에 갔는데, D이 종업원(원고의 아들) F에게 소주 1병 등의 음식과 주류를 주문하자, F는 D에게 신분증의 제시를 요구하였고, D은 며칠 전 습득한...