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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 registered the petroleum selling business (general agency) at the location of the Nam-gu Incheon Metropolitan City, and operated it, and registered the petroleum selling business (gas station) with the “D gas station” as its branch in the Nam-gu Incheon Metropolitan City, Nam-gu C, and sold petroleum products.
B. On February 12, 2019, the Seoul Metropolitan Area Southern Headquarters shall conduct an oil distribution inspection for the Plaintiff, and the Plaintiff, a general agent, from January 7, 2019 to the same year.
2. Until July, 200, he/she sold approximately 122,00 liters using the storage facilities of a D gas station, which is a branch office, in violation of the general agency scope and business methods, and D gas station: (a) stored and supplied approximately 122,00 liters, such as the Plaintiff, who is a general agency, and discovered that it violated the scope and business methods of gas stations; and (b) notified the Defendant on February 19, 2019.
C. On May 7, 2019, the Korea Petroleum Quality & Distribution Authority: (a) the Plaintiff, a general agent, engaged in petroleum retail business by keeping and shipping petroleum products in the storage facilities of the D gas station; (b) was not in violation of the scope of the business and operating methods; (c) the Plaintiff’s act of receiving petroleum products for the purpose of storing petroleum products of another (general agent) in the storage facilities of the D gas station, which are the registration business facilities of the D gas station, was notified of the correction of the result of petroleum distribution inspection that it violated the scope of the business and operating methods (negative).
On May 23, 2019, the Defendant imposed a penalty surcharge of KRW 15,00,000 in lieu of one month of the suspension of business on the ground that the aforementioned act against the Plaintiff violated the prohibition of an act under Article 39(1)10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).
(hereinafter referred to as "the imposition of a penalty surcharge of KRW 7,500,000, which has been reduced by an administrative appeal under the following subparagraph," shall be "the disposition of this case".
Accordingly, the plaintiff on August 20, 2019 shall be Incheon Metropolitan City.