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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 operated the gas station C located in Leecheon-si (hereinafter “instant gas station”).
B. On October 14, 2013, the Seoul Metropolitan Area Headquarters collected samples (automobile gasoline 1: sample number 401; sample number 402, 403: sample number 402, and 403) from the gas station in the instant case and conducted quality inspections. On October 31, 2013, the Defendant notified the Defendant of the result of the determination that “the sample No. 403 is a mixture of 5% petroleum products (oil, etc.) into the diesel for automobiles.”
(hereinafter referred to as “instant transit”). Since then, the Plaintiff applied for quality re-inspection of the said samples, which was conducted after collecting No. 403 samples, the results were also the same.
C. Accordingly, on December 9, 2013, the Defendant issued a disposition suspending business for six months (from December 16, 2013 to June 15, 2014) on the ground that the Plaintiff violated Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 12294, Jan. 21, 2014; hereinafter “petroleum Business Act”) by manufacturing and selling fake petroleum products.
On February 19, 2014, the Gyeonggi-do Administrative Appeals Commission made an administrative appeal against the above disposition, and decided on February 19, 2014 that "the defendant changed the disposition suspending the business on December 9, 2013 to the plaintiff for three months as the disposition suspending the business."
(hereinafter referred to as “instant disposition”) a disposition taken to suspend the business for three months that has been mitigated.
On the other hand, the Defendant accused the Plaintiff as a violation of the Petroleum Business Act on November 1, 2013. Accordingly, on March 24, 2014, the Plaintiff received a summary order of KRW 5 million from the branch court of Suwon District Court, and the said order became final and conclusive around that time.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3 (including virtual numbers), Eul evidence 1, 4, 6 through 8, the purport of the whole pleadings
2. The instant disposition is made.