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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. The Plaintiff is a person operating C gas stations in Ischeon-si B (hereinafter “instant gas stations”), who is a representative director of D gas stations and F gas stations in E in Ischeon-si, and H gas stations in E in E (hereinafter “the foregoing D gas stations, F gas stations, and H gas stations in E”) and who is a corporation I (hereinafter “foreign corporation”).
B. On October 10, 2018, the president of the Seoul Metropolitan Area Southern Headquarters conducted an oil distribution inspection on the gas station in this case, and notified the Defendant on October 19, 2018 of the fact that “the Plaintiff violated the method of operating the gas station’s business by supplying the gas station’s business to the gas station during the period of 28 Jeju (from July 9, 2018 to July 15, 2018) using a vehicle (transport equipment) exceeding 5 on load capacity, and by supplying the gas station’s business to the gas station during the period of 29 Jeju (from July 16, 2018 to July 22, 2018).”
C. On January 31, 2019, the Defendant issued a disposition imposing a penalty surcharge of KRW 7.5 million on the Plaintiff on the ground that the instant supply act constitutes a violation of Article 39(1)10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”). D.
The Plaintiff filed an administrative appeal against the instant disposition, but the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s petition for administrative appeal on May 13, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3-1, Eul evidence 1-6, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion 1: Nonparty 1 received delivery of only the ordered amount of the instant gas station among the petroleum products en bloc ordered for the gas stations operated by himself/herself or his/her representative director, and Nonparty 1’s claim.