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(영문) 수원지방법원 2018.09.12 2017구합71377
사업정지처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff acquired the “B gas station” (hereinafter “instant gas station”) located in Suwon-gu, Suwon-si (hereinafter “instant gas station”) from CMMcom (hereinafter “instant company”), and completed the registration of petroleum sales business on October 26, 2017.

B. On November 7, 2017, the Korea Petroleum Quality & Distribution Authority notified the Defendant that “the instant gas station was supplied with fake petroleum products from a fake petroleum manufacturing plant from September 2016 to August 2017, the Korea Petroleum Quality & Distribution Authority, in accordance with the investigation results of the violation of the Petroleum and Petroleum Substitute Fuel Business Act,” to the effect that “the Defendant was supplied with fake petroleum products from a fake petroleum manufacturing plant.”

C. On December 11, 2017, the Defendant issued a six-month disposition suspending business pursuant to Articles 29(1) and 13(3)8 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 14774, Apr. 18, 2017; hereinafter “former Petroleum Business Act”) to the Plaintiff on the ground that “the gas station in this case was supplied with fake petroleum products from a fake petroleum manufacturing place and sold them to many and unspecified persons from September 2016 to August 2017.”

On the other hand, on March 7, 2018, the Plaintiff transferred the instant gas station to C (Representative D) Co., Ltd., and D completed the registration of change in the petroleum sales business of the instant gas station on March 9, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 6, and the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. On March 6, 2017, the summary of the Plaintiff’s assertion is found to be fake petroleum products as a result of the quality inspection of petroleum products by collecting samples for motor vehicle fuel at the Seoul Southern Headquarters of the Seoul metropolitan area. The Defendant made a disposition of suspending business against the instant company for three months.

The disposition of this case previously taken is a three-month disposition of the suspension of business.

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