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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On October 11, 2018, the Seoul Metropolitan Area Southern Headquarters conducted an inspection on the distribution of petroleum products to gas stations B operated by the Plaintiff (hereinafter “instant gas stations”) and confirmed that the Plaintiff, a petroleum retailer, supplied a total of 304 departments of gasoline for automobiles (5 times) and a total of 180 units of light oil for automobiles (3 times) to the gas stations operated by the same business entity using a vehicle (transport equipment) exceeding the load capacity of 7 weeks to 27 weeks from 2018, and requested on October 19, 2018 that the Plaintiff violated Article 39(1)10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).
B. On November 23, 2018, the Defendant sent a prior notice of disposition to the Plaintiff, and on December 19, 2018, the Plaintiff submitted a written submission to the Defendant.
C. On January 31, 2019, the Defendant imposed a penalty surcharge of KRW 7,500,000 on the Plaintiff on the ground that the Plaintiff violated Article 39(1)10 of the Petroleum Business Act.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1 through 4, the purport of the whole pleadings.
2. Whether the instant disposition is lawful or not, the Plaintiff’s claim 1) and C gas stations are gas stations operated by the Plaintiff, and for convenience, the instant gas stations divided into oil stations and C gas stations with petroleum products en bloc ordered to the oil refineries, and processed petroleum products into the instant oil stations and C gas stations with the instant oil stations. This is merely an internal transportation procedure between gas stations belonging to the same corporation’s branch stations, and is also an act of merely an internal transportation procedure between oil stations belonging to the same corporation and Enforcement Decree of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “Enforcement Decree of the Petroleum Business Act”).
(2) The supply does not constitute “supply” under Article 43(1)1.