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(영문) 광주지방법원 2019.04.18 2018구단2257
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. From May 10, 2018, the Plaintiff is a business operator operating a general restaurant (hereinafter “instant restaurant”) with the trade name of “C” from the Seo-gu, Seo-gu, Gwangju, and the first floor.

B. On October 21, 2018, around 00:30 on October 21, 2018, the Plaintiff was discovered while selling the amount equivalent to KRW 16,000 from the restaurant of this case to five juvenile off-D.

C. On December 3, 2018, the Defendant rendered a disposition to suspend business operations for two months (from December 20, 2018 to February 17, 2019) to the Plaintiff (hereinafter “instant disposition”).

On May 31, 2018, the plaintiff filed an administrative appeal, but the Jeonnam-do Administrative Appeals Commission dismissed the appeal.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 1 through 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On October 20, 2018, the Plaintiff asserted that, around 23:40 on October 20, 2018, four male men were issued rhythm and rhythm on the restaurant of this case, only one woman was a college student, and only one female was prepared after the locking, and the remaining customers were also 24 years of age and were asked to present their identification cards, and they did not present their identification cards to the house. The Plaintiff provided their orders on the basis of their age, and immediately after that was confirmed by the police, the Plaintiff became aware that all six minors were minors, and that the amount of alcoholic beverages sold to them was only 16,00 won, and that at the time of the operation of the restaurant of this case, the Plaintiff's disposal of the restaurant of this case was likely to be able to be able to be able to suffer damage to the Plaintiff's net revenues from the operation of the restaurant of this case, but the disposition of this case was made in the situation of its suspension of business operation.

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