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 petroleum retailer operating a gas station (hereinafter “instant gas station”) with the trade name “C gas station” in Chungcheongnam-gun, Chungcheongnam-gun.

B. As a result of the quality inspection of samples conducted on June 9, 2016 at the instant gas station around 16:20, around 13, 2016, the head of the Daejeon Chungcheong Headquarters verified that other petroleum products, such as automobile transit of samples No. 13, are mixed with 10%, and other petroleum products are mixed with small quantities on the automobile transit of samples No. 14, and notified the Defendant of the determination of the automobile diesel oil stored in the instant gas station as fake petroleum products under Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

C. On July 18, 2016, the Defendant imposed a penalty surcharge of KRW 50 million on August 2, 2016, on the ground that the Plaintiff violated Article 29(1)1 of the Petroleum Business Act according to the result of the above quality inspection, and imposed a penalty surcharge of KRW 50 million on which the payment deadline was set as August 2, 2016, and where the penalty surcharge is not paid by the said payment deadline, the penalty surcharge disposition is automatically revoked and changed to

The Plaintiff filed an administrative appeal against the disposition imposing the penalty surcharge, but the said claim was dismissed on September 22, 2016.

E. On October 12, 2016, the Defendant notified the Plaintiff to pay a penalty surcharge of KRW 50 million up to October 31, 2016, as the administrative appeal was dismissed by the Plaintiff.

On November 24, 2016, the Plaintiff failed to pay the penalty surcharge by the said deadline, and the Defendant revoked the imposition of penalty surcharge and ordered the suspension of business for the 15th day of each month.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is in the gas station around 12:00 on June 9, 2016, on which the Institute collects samples from the gas station of this case.