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 has been running a petroleum retail business with the trade name called “C gas station” in the Cheongcheon-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant gas station”).

B. On February 16, 2014, the Chungcheong Headquarters: (a) inspected samples collected from D mobile oil selling vehicles owned by the Plaintiff (hereinafter “instant selling vehicles”); (b) confirmed that other petroleum products (e.g., oil, etc.) were mixed with about 5% on the vehicle transit; and (c) notified the Defendant of the foregoing fact on February 25, 2014.

C. On April 15, 2014, the Defendant imposed a penalty surcharge of KRW 50,00,000 on the Plaintiff pursuant to Articles 14(1)1 and 13(1)12 of the Petroleum and Petroleum Substitute Fuel Business Act on the ground that the Plaintiff violated Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) by manufacturing, storing, transporting, keeping, or selling fake petroleum products.

(hereinafter referred to as the "disposition of this case"). / [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and 3 (including the number with each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 8, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The non-existence of the Plaintiff’s ground of disposition 1 is that the Plaintiff purchased and sold oil directly from the SK Energy static, and there was no fact that he manufactured fake petroleum in the tank of the instant selling vehicle by mixing it with light oil, and there was no fact that he purchased or stored fake petroleum products. As the instant selling vehicle has deteriorated due to long-term use of the front partitions of the instant selling vehicle and the cut-off valve, which regulates the blocking wall or blocking wall that combines the partitions after the passage of the instant selling vehicle, the light oil with light oil loaded after the front partitions in the oil delivery process, or the light oil remains in the front ice method by inserting them into the transit oil.