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(영문) 서울고등법원 2016.05.26 2015누53291
사업정지처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The reasoning of the judgment of the court of first instance is as follows, and thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is as follows.

The 3rd to 4th to 18th to 3 second to the court of first instance are as follows:

2) According to Gap evidence Nos. 5 and 8 through 10 (including those with serial numbers) and D's testimony, the plaintiff's actual operator stated in the case of violation of the Petroleum and Petroleum Substitute Fuel Business Act (In Incheon District Prosecutors' Office 2015 type No. 1587) that "it was caused by mixed oil accidents by opening both the first and the second valves of the water from among the roads provided with the 2,200 liters of the oil tank under the condition that the 200 liters of the oil tank remains," the plaintiff's actual operator stated that "it was not able to prove that it was caused by mixed oil accidents" in light of the first and second valves structure of the oil tank and the location of valves, and that "it was hard to prove that only the 10th and second valves used to provide them to the 20th unit of the oil tank of this case," and that the plaintiff's active operator stated that "it was not able to prove the possibility that the 20th unit of the 20th unit of the E company's used to provide them with evidence."

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