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 running a petroleum retail business with the trade name called “C gas station” in Daegu-gu, Daegu-gu (hereinafter “instant gas station”).

B. On January 23, 2017, the Daegu Gyeongbuk Headquarters found, as a result of the pre-sale inspection of the gas stations in this case, that the Plaintiff was aware of the fact that the Plaintiff exceeded the permissible limit of the user cars (【150 mar/20 mar, 【750 mar/100 mar) out of each net quantity (-160 mar/20 mar, - 1,250 mar/100 mar).

C. On March 3, 2017, the Defendant imposed a penalty surcharge of KRW 40 million in lieu of two months of business suspension pursuant to Article 39(1)2 and Article 14 of the former Petroleum and Petroleum Substitute Fuel Business Act (Amended by Act No. 14774, Apr. 18, 2017) and Article 17 of the former Enforcement Rule of the Petroleum and Petroleum Substitute Fuel Business Act (Amended by Ordinance of the Ministry of Strategy and Finance No. 277, Oct. 19, 2017) on the Plaintiff on the ground that he/she sold petroleum below the permissible limit for selling petroleum to the Plaintiff.

On June 26, 2017, the Daegu Metropolitan City Administrative Appeals Commission filed an administrative appeal, and rendered a ruling to change the imposition of a penalty surcharge of KRW 40 million against the Plaintiff into the imposition of a penalty surcharge of KRW 20 million.

(Revised Disposition of March 3, 2017, hereinafter referred to as the "Disposition of this case"). / [Grounds for Recognition] Without dispute, entry in Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 7, 8 (including paper numbers), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 appears to have influenced the volume of petroleum products by the low temperature of one month at the time of the inspection by the Institute. Therefore, each of the instant main gases in this case cannot be readily concluded to have been in a state below the net quantity beyond the permissible scope of the used vehicles. A mobile-sale vehicle discovered below the net quantity is a mobile-sale vehicle after close inspection and maintenance by the Maintenance Business.