1. The plaintiff's claim is dismissed.

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

1. The Plaintiff is running the instant disposition with the trade name “Cat” (hereinafter “Cat”) in Guro-gu Seoul Metropolitan Government, Guro-gu and B101.

On November 16, 2015, the Defendant issued a disposition to impose a penalty surcharge of KRW 8,680,000 in lieu of seven days of business suspension on the ground that the Defendant displayed and stored food for sale, the expiration of the distribution period, on the Plaintiff.

(hereinafter “Disposition in this case”). 【No dispute exists, Eul’s evidence Nos. 1, 6, 7, and 8, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant disposition asserted by the Plaintiff is unlawful for the following reasons.

1) On September 3, 2015, two days prior to the expiration of the distribution period, the Plaintiff notified the supplier of the return and collection of the 4 cho chip c chip c c chip to the return and the removal of the c chip, and the check is not displayed and kept for the purpose of sale. 2) The instant disposition causes enormous inconvenience to the family’s livelihood, and the interest on the loan is not repaid.

(b) 1) Recognizing the existence of the reasons for the action:

(1) Around August 2015, “The product name CJ-mar loan, sale date, June 27, 2015, and distribution period, June 24, 2015,” which read “as the product name CJ-mar loan, and distribution period, June 27, 2015,” was received together with the video.”

(2) Around 17:00 on September 7, 2015, the Defendant conducted a sanitary inspection on the instant marina, and at the time, one promotion of the instant marina dealer, the distribution period of which has expired (e.g., the distribution period of July 14, 2015), and Liba도요.

The 12 Lart 12 (Distribution Deadline September 5, 2015) and 4 milk-free each day (Distribution Deadline September 6, 2015) were displayed, and the said foods were not stored separately or marked as “return for return.”

(3) At the time of the sanitary inspection, D, which is a manager of the instant marina, sells products for which the period of circulation has expired pursuant to Article 44 of the Food Sanitation Act to the Defendant.