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 who registered a petroleum retail business on January 26, 2016 and operates a gas station (hereinafter “instant gas station”) under the trade name, “(State) C gas station” in Ssung City B (hereinafter “instant gas station”).

B. On March 13, 2016, the head of the Young-gu Institute confirmed that, after conducting the quality inspection of samples No. 125 collected in the partitions after a mobile-sale vehicle (D class III Home Ri, hereinafter “instant vehicle”) located in the instant gas station, approximately 10% of other petroleum products, such as light oil for automobiles, etc. was mixed, and notified the Defendant after assessing the petroleum products stored in the said vehicle as fake petroleum products under Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

C. On May 1, 2016, the Defendant imposed a penalty surcharge of KRW 100 million on the Plaintiff on the ground that the Plaintiff violated Article 29(1)1 of the Petroleum Business Act (hereinafter “instant disposition”).

[Ground of recognition] No dispute, Gap 1, Eul 1 through 4 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that there is no mixture of diesel and petroleum on the instant vehicle and there is no reason to combine it with the instant vehicle.

After being notified by the Plaintiff that other petroleum products are mixed with 10% from the Institute, the fact that the vehicle in this case was mixed due to rubber strawing was confirmed as a result of checking whether there was any malfunction in the vehicle in this case, and this was a problem in the piping condition of the above vehicle due to aging. Therefore, the Defendant’s disposition of this case is unreasonable.

(b) The attached Form of relevant statutes is as follows.

C. We examine the Plaintiff’s assertion that the instant disposition is unfair to determine the existence of the grounds for the disposition, as well as that it does not recognize the grounds for the instant disposition.

1. Article 2 subparagraph 10 of the Petroleum Business Act shall apply.