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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 running a petroleum retail business with the trade name called “C gas station” in the Plified City B (hereinafter “instant gas station”).
B. On October 31, 2017, the Suwon Police Station and the Institute’s Head Office in the Seoul metropolitan area confirmed that the Plaintiff supplied a light so that it can manufacture fake transit to D, the operator of a manufacturing plant in fake transit, and notified the Defendant of the above fact.
(hereinafter referred to as "reasons for violation of Article 1").
In addition, on October 25, 2017, the Korea Petroleum Quality & Distribution Authority has conducted a quality inspection of petroleum products for mobile petroleum selling vehicles used in the instant gas station, and discovered about 15% of other petroleum products (such as light oil, etc.) on the said vehicle, and notified the Defendant of the fact on November 3, 2017.
(hereinafter “Grounds for violation of Article 2”) d.
On December 15, 2017, the Defendant issued a disposition to pay a penalty surcharge of KRW 150 million to the Plaintiff according to the above notification.
E. After January 24, 2018, the Defendant revoked the imposition of the said penalty surcharge on the ground that the Plaintiff did not pay the said penalty surcharge, and issued a disposition for four months from the suspension of business (from February 7, 2018 to June 21, 2018 during the suspension period of business; hereinafter “instant disposition”).
F. The Plaintiff appealed and filed an administrative appeal seeking the revocation of the instant disposition with the Gyeonggi-do Committee of the Administrative Appeals Commission, but the said administrative appeals commission dismissed it on April 2, 2018.
G. On April 16, 2018, the Defendant changed the period of suspension of the instant disposition from May 1, 2018 to September 15, 2018 and notified the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, 7 through 10, and the purport of the whole pleadings
2. The plaintiff's assertion
A. As to the grounds of violation No. 1, the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “Non-existence of the grounds for disposition”).