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 operates a mutual general restaurant with the trade name of “Ccafeteria” and “D” in the land building B in Suwon-gu, Busan (hereinafter “instant building”).

B. On July 7, 2016, the Defendant imposed a penalty surcharge of KRW 19.5 million in lieu of 15 days of business suspension on the Plaintiff on the ground that the Defendant stored the products, the distribution period of which has expired, for the purpose of cooking, etc. at C cafeterias (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in the instant disposition that imposed penalty on the Plaintiff on the premise that the said bread was stored in a cafeteria, on the ground that the distribution period of the said bread was expired only for the purpose of manufacturing the money gas sold in D, and that the said bread was stored in a cafeteria.

(b) as shown in the attached Form of the relevant statutes;

C. On June 14, 2013, the Defendant: (a) received a report on the Plaintiff’s food service business with the location as “Ccafeteria B, 1, 2, and 3 stories”; and (b) received a report on the Plaintiff’s livestock service business with the trade name on June 18, 2013 as “D”; and (c) received a report on the Plaintiff’s livestock service business with the location as “B”; (b) according to the building register of the instant building, the first floor is divided into “Class II neighborhood living facilities (general restaurant)” and “Class I neighborhood living facilities (retail stores); and (d) the area of a general restaurant is “1 story B, 247.9 square meters” and “231.59 square meters”; and (e) according to the current status of the building of the instant case, the size of the general restaurant is “200 square meters” and “31.59 square meters” of the building of this case as “D, 2000 square meters of the instant residential building.”

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