1. The Defendant’s disposition of suspending its business on April 24, 2017, which was rendered to the Plaintiff on April 24, 2017, shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. The Plaintiff is a person who operates a gas station (hereinafter “instant gas station”) under the trade name “C gas station” in the official city B.

B. On January 24, 2017, it was confirmed that the employees of the Seoul Metropolitan Area Southern Headquarters collected samples from the gas station in this case and conducted quality inspections, and that other petroleum products were mixed with 15% to 20% of the light oil for automobiles in two samples.

(hereinafter referred to as the above, the transit for motor vehicles mixed with other petroleum products is referred to as “instant mixed oil”).

Accordingly, on March 17, 2015, the Defendant imposed a penalty surcharge of KRW 50 million on the Plaintiff pursuant to Article 13 of the Petroleum and Petroleum Substitute Fuel Business Act on the ground that “The Defendant stored, stored, and sold fake petroleum products mixed with other petroleum products in the automobile transit, thereby violating Article 29 of the same Act.”

The Defendant imposed a penalty surcharge on the Plaintiff on April 20, 2017. If the Plaintiff did not pay the penalty surcharge within the given period, the Defendant revoked the imposition of the penalty surcharge and notified the Plaintiff of the change of the disposition to the 15th day of the suspension of business.

E. On April 24, 2017, the Plaintiff failed to pay the penalty surcharge within the said payment period, and the Defendant revoked the disposition imposing the penalty surcharge and ordered the suspension of business for the 15th day of each month.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) On January 22, 2017, the Plaintiff acquired the gas station of this case from D, and received sample collection from D on the part of the Plaintiff’s business after taking over the gas station. The Plaintiff’s vehicle transit for which the fact of mixed oil was discovered is called “Eth Energy” (hereinafter “Eth Energy”).

The Plaintiff was supplied from the Plaintiff.