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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 juristic person operating the “Seoul Fcellcule Oil station” located in 13, Nam-si, Namyang-si, Namyang-si (hereinafter “instant gas station”).
B. On November 23, 2013, the Incheon Gyeonggi-do Headquarters collected samples from the gas station in this case and conducted quality inspections, and the result of the determination of fake petroleum products was made in three of the eight samples (101, 102, and 108 sample numbers: about 15% of the sample numbers, about 10% of the oil, etc., about 10% of the sample numbers, about 10% of the oil, and about 108 of the sample numbers, about 10% of the oil, etc., about 5% of the sample numbers, and about 108 of the sample numbers, etc.; hereinafter the same shall apply).
Around January 28, 2014, the Institute notified the Defendant of the results of the quality inspection of petroleum products, and accordingly, the Defendant rendered a disposition of business suspension for three months against the Plaintiff (from February 3, 2014 to May 2, 2014; hereinafter “instant disposition”).
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 10 (including each number in case of additional evidence) and the whole purport of oral argument
2. Whether the disposition is lawful;
A. (1) On November 23, 2013, the Plaintiff’s assertion that the Plaintiff’s ground for disposition was nonexistent, which was insufficient to pass through the gas station of this case, lent light oil to the nearby gas station and injected it into the tank. On November 23, 2013, the Plaintiff became aware of the fact that the light oil was partially mixed with the leased light oil, and thereafter, the instant gas station suspended its business around November 23, 2013.
At the time of injecting the tank into the tank, the representative and employees of the Plaintiff did not know at all that it was a mixture of fake petroleum products with lent light oil prices.
In addition, around 16:00, more than four hours after the suspension of gas station business, the employees of the Institute illegally collected samples from the gas station of this case.
(2) A deviation or abuse of discretionary authority;