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(영문) 대구지방법원 2016.06.10 2016구단10461
영업정지처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are petroleum retailers prescribed by the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) that operate “D gas stations” located in Daegu Dong-gu, Daegu as their club business ( Plaintiff A from January 7, 2015, operated from around January 2015, and the Plaintiffs were operating as their club business).

B. On February 16, 2016, the Daegu Gyeongbuk Headquarters collected samples from the above gas station and conducted quality inspections, and confirmed that other petroleum products, such as gasoline 1 for automobiles, were mixed with approximately 5% fake petroleum products.

C. On March 23, 2016, the Defendant: (a) applied Article 13(3)8 and 13(1)12 of the Petroleum Business Act; and (b) Article 16(1) [Attachment Table 1] of the Enforcement Rule of the same Act on the ground that the Defendant manufactured and stored fake petroleum products to the Plaintiffs and violated Article 29(1)1 of the Petroleum Business Act; and (c) issued the instant disposition of suspension of business for three months.

【Ground of recognition】 The fact that there has been no dispute, entry in the evidence Nos. 1, 2, and 4, and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The plaintiffs' alleged oil supply oil to the oil tank in the tank of the oil tank, and there was an accident that mistakenly injects the gas station employees into the gasoline storage tank due to an error in the operation of the oil tank between the oil tank operators while driving the oil tank. In light of various circumstances, the plaintiffs injected a large number of gasoline as much as possible in the gasoline storage tank as possible in the gasoline storage tank at the time, and selling a large amount of gasoline to customers about 5% minor diesel oil. In light of various circumstances, the disposition of this case is unlawful as it deviates from discretionary power by excessively harshing the plaintiffs.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) Determination on the instant case is based on the foregoing evidence.

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