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 is a petroleum retailer as prescribed by the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) that operates a gas station from around 2001 to ASEAN (hereinafter “instant gas station”).

B. At around 19:00 on February 21, 2014, the Honam Headquarters collected samples from four oil storage tanks in the instant gas station and from one tank delivery vehicle, and conducted quality inspections.

C. As a result, samples collected from an oil storage tank were determined as normal petroleum products, but it was divided into the parts of oil storage, such as light oil and the parts of light oil storage, which remain in the storage part of the D vehicle (in the middle of the 3,000 foot tank, which are divided into the parts of oil storage and the parts of light oil; hereinafter “sales vehicle of this case”). However, light oil collected from 76liters, which were remaining in the storage part of the 3,00 foot tank, was mixed with about 45% other petroleum products.

On April 9, 2014, the Defendant: (a) applied Article 13(3)8, 12, and 14(1) of the Petroleum Business Act; (b) Article 17(1) [Attachment Table 2] of the former Enforcement Rule of the Petroleum Business Act (amended by Ordinance of the Ministry of Trade, Industry and Energy No. 78, Aug. 12, 2014); and (c) imposed a penalty surcharge of KRW 50 million on the Plaintiff on the ground that “the Plaintiff manufactured and stored fake petroleum products under Article 2(10) of the Petroleum Business Act and violated Article 29(1)1 of the Petroleum Business Act.”

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s No. 1, 2, and No. 1 through 3, the purport of the whole pleadings, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The tank of the Plaintiff’s assertion is divided into the transit storage part and the oil storage part, but the oil station is one of the oil stations.

On February 20, 2014, the day immediately before the collection of samples, the delivery center E, an employee of the Plaintiff, uses the sales vehicle of this case, transit through Cheongdong Co., Ltd. in the vicinity of the gas station.