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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts are acknowledged in light of the following facts: there is no dispute between the parties, or the overall purport of the pleadings in Gap evidence Nos. 2 to 4, and Eul evidence No. 2 (including the number of pages; hereinafter the same shall apply):
A. (1) The Plaintiff is a petroleum retailer operating C gas station (hereinafter “instant gas station”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.
(2) On November 24, 2013, around November 24, 2013, the Honam Headquarters collected gasoline 2 and 3 samples from the storage tank and mobile oil station of the instant gas station, and conducted quality inspections.
(3) As a result, light oil (number 26) collected from a vehicle for mobile use (hereinafter “instant vehicle”) in the middle of a 1,500 liter tank and the storage space of 800 liter and 700 liter are installed in the form of a tank, and light oil and heavy oil is released through a main organic connected with one string; hereinafter “the instant vehicle”). As such, light oil (number 26 of sample number) collected from a vehicle for mobile use (hereinafter “the instant vehicle”) was mixed with approximately 50% of other petroleum products, it was determined as fake petroleum products pursuant to Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).
B. On January 14, 2014, the Defendant imposed a penalty surcharge of KRW 50,00,000 on the Plaintiff on the ground that the Plaintiff stored and kept fake petroleum products in violation of Article 29(1)1 of the Petroleum Business Act.
(hereinafter “instant disposition”). (c)
The attached details of the relevant statutes shall be as specified in the statutes.
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion (1) The Defendant, prior to the instant disposition, specified “the fact of the cause of disposition” as “the act of selling fake petroleum products (al.e., fuel) mixed with approximately 50% of other petroleum products on vehicle transit” and “the actual cause of disposition”.