Whether the operator of a gas station that stored similar gasoline is presumed to have been aware of the recognition of similar gasoline (affirmative)

If it is proved that gasoline in a gas station gasoline storage tank is a similar gasoline, the owner of the gas station is presumed to have stored and sold the gasoline with the knowledge of the fact, barring special circumstances, so that the owner of the gas station is not in violation of Article 22(2) of the Petroleum Business Act, the owner of the gas station must prove such a reason.

Article 22(2) of the Petroleum Business Act

Plaintiff

Gangwon-do et al.

Seoul High Court Decision 87Gu1263 delivered on March 17, 1988

The judgment below is reversed and the case is remanded to Seoul High Court.

According to the reasoning of the judgment below, the court below revoked the above disposition of the defendant Gangwon-do on the ground that the plaintiff's act of testing and analysis of gasoline collected from the gasoline storage tank in his own gasoline storage tank in the Korea Petroleum Quality Inspection Station was found to have below 87th of the base carbon level and below 90% of the normal gasoline temperature was high, and the result of reinspection was also the same result as above. Thus, it was recognized that the defendant Gangwon-do did not recognize that the plaintiff had known or could have known that the gasoline stored and sold in the gasoline storage tank in its own gasoline storage tank was similar gasoline. However, unless it was proved that the gasoline in the plaintiff's management gasoline storage tank was similar, it is difficult to presume that the plaintiff's business owner was in violation of Article 22 (2) of the Petroleum Business Act without being aware of the possibility of selling it, barring any other special circumstances, and it is difficult to prove that the plaintiff's ground of appeal was in violation of the above provision of Article 2 (2) of the Petroleum Business Act.

Therefore, the judgment of the court below is reversed, and the case is remanded to the Seoul High Court, which is the court below, and it is so decided as per Disposition with the assent of all participating judges.

Justices Yoon Young-young (Presiding Justice)