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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 company established on June 17, 2015 and engaged in the storage, storage, management, and distribution of oil, and operates a gas station in Jung-gu Incheon Metropolitan City (hereinafter “instant gas station”).
The main facilities of this case include one gasoline storage tank (30,000 liters), one oil storage tank (30,000 liters) with light oil storage tank (30,000 liters) and six diesel storage tank (50,000 liters, respectively).
B. On October 10, 2016, the Plaintiff entered into a contract on vicarious supply of duty-free petroleum (hereinafter “instant contract”) with C, D, and E members of the fishing vessel fisheries association in the Incheon Fisheries Cooperatives (hereinafter “Korea Fisheries Cooperatives”).
(This contract has been renewed every year from around 2009 to October 31, 2017). The term of contract: He/she is subject to supply from November 1, 2016 to about October 31, 2017: He/she is required to verify whether a fisher complies with the vessel in the delivery order at the time of duty-free petroleum delivery and to verify whether he/she complies with the vessel in the delivery order when he/she supplies duty-free petroleum.
C. On November 18, 2016, the Defendant collected samples from gasoline storage tanks and light oil storage tanks installed in the instant gas station (one of them is an exclusive tank for duty-free petroleum under the instant contract) and requested the Korea Petroleum Quality & Distribution Authority to conduct quality inspections. As a result, the sample collected from the exclusive tank for duty-free diesel transit is a mixture of about 10% of other petroleum products (e.g., oil, etc.) in the vehicle diesel transit, and is a fake petroleum products defined in Article 2 subparag. 10 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 1474, Apr. 18, 2017; hereinafter “former Petroleum Business Act”).