1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On February 24, 2015, the Plaintiff is a corporation established for the purpose of the operation of gas stations, etc., and operates the C gas stations located in Gwangju City B, and as a branch office, E gas stations in Ischeon-si D, G gas stations in E-si, Leecheon-si (hereinafter “G gas stations”), and the foregoing E-gas stations, and the subsequent H gas stations, collectively, have the stations including branch offices.

The representative of the plaintiff is I in-house director, and I is operating the Hju station in his own name in the Leecheon-siJ.

B. On October 11, 2018, the president of the Seoul Metropolitan Area Southern Headquarters discovered that “the Plaintiff violated the method of operating the gas station (hereinafter “instant supply”), using a vehicle (transport equipment) exceeding 5 loaded capacity of 1 week through 2018 through a field inspection of C gas stations, etc., and supplied a total of 1,164 square meters of gasoline for automobiles (32 times) to a gas station, such as another gas station, at a location beyond 5 loaded capacity of 1 week through 2018 to 39 week, and notified the Defendant of this on October 19, 2018.

C. On January 31, 2019, the Defendant issued a disposition imposing a penalty surcharge of KRW 7.5 million on the Plaintiff on the ground that the instant supply act constitutes a violation of Article 39(1)10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”). D.

The Plaintiff filed an administrative appeal against the instant disposition, but the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s petition for administrative appeal on May 13, 2019.

[Ground of recognition] Facts without dispute, Gap's 1, 3 evidence, Eul's 1 to 4 (including branch numbers if there are branch numbers) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that there is no ground for disposition 1 as to the non-existence of the grounds for disposition of the plaintiff's assertion is in the oil storage tank for the gas station, such as C gas station and branch office, which are the head office, after receiving delivery of only the ordered volume of the C gas station among them.