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1. The Defendant’s warning disposition against the Plaintiff on November 8, 2018 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the instant disposition
A. The Plaintiff is a corporation that runs the business of manufacturing, selling, and constructing sewage treatment facilities.
B. On November 8, 2018, the Defendant issued a warning disposition (hereinafter “instant disposition”) as follows, on the ground that the Plaintiff did not register the change in the processing efficiency by manufacturing private sewage treatment facilities by using other female materials than those used in the initial performance test, on the ground that the Plaintiff did not register the change in the processing efficiency.
E. Pursuant to Article 54 of the Sewerage Act and Article 64 of the Enforcement Rule of the same Act, you shall issue a warning to the facility in question, as it has violated the following matters:
1. Date and time of violation: September 20, 2018 (Purpose);
2. Violations: The treatment capacity of wastewater treatment facilities 301500, L1850-20 B on the date of the performance test for the first time in which the business of manufacturing the private sewage treatment facilities is not performed, and 301500, L1850-20 B on June 5, 2008 xL230-330-20 on June 17, 2008 xL 320-330-20 xL 330-20 x L 3450 x 330-330-20 on March 5, 2008 x 0170 L 410 L 30-30-200-30304 x 30305 x 203040-305 x 2005 x 30305 x 2005 x 3005 x 303040
3. Facilities subject to installation: Private sewage treatment facilities (total nine items of sewage treatment facilities);
4. Period of disposition: The fact that there is no dispute over the period from November 9, 2018 to the completion of registration for modification (based on recognition), Gap evidence 1, Eul evidence 1, Eul evidence 1, 5, 6, and 8 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings;
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Plaintiff’s assertion is that materials produced by D Co., Ltd. in the first performance test using a patented method (hereinafter “patent materials”).
(B) If a material used is not used, it is physically identical to the material used in the initial performance test, and there is no change in the processing efficiency. Accordingly, the instant disposition under a different premise must be revoked in an unlawful manner. (ii)