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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 a stock company that runs a petroleum sales business.
B. On January 22, 2014, A, an employee of the upper transport company (hereinafter “high transport company”) which entered into a oil transport contract with the Plaintiff, loaded 6,700 liter from the Plaintiff’s storage tank around January 22, 2014, and sold 110 liters via a motor vehicle to the driver of dump truck in the “driving City Construction Site” located at Sejong-si on January 23, 2014.
C. As above, on March 10, 2014, the Defendant imposed a penalty surcharge of KRW 30 million on the Plaintiff on the ground that the Plaintiff’s act of selling dump trucks’ fuel oil to the fuel oil consumers with a mobile-sale vehicle violates Article 39(1)8 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) and Article 43(1)1 of the Enforcement Decree of the same Act, which prohibits the supply of petroleum products by violating the scope of each petroleum retail business or business methods (hereinafter “instant disposition”).
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3 evidence, Eul's 1 through 4 (including each number in case of additional evidence) and the purport of whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) In fact, the person who actually sold the above oil is not the Plaintiff, but the Defendant deemed the Plaintiff as the seller, and thus, was unlawful. As such, Article 43(1)1 of the Enforcement Decree of the Petroleum Business Act, which the Defendant cited as the ground provision of the instant disposition, prohibits the Defendant from supplying or receiving petroleum products in violation of the scope of each petroleum sales business or business methods under each subparagraph of Article 2 of the Enforcement Decree of the same Act. The supply prohibition under the above provision means any act of delivering petroleum products to other sales business operators, and sales to end-consumers are limited.