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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
Reasons
1. Details of the disposition;
A. C market (hereinafter “C market”) is a central wholesale market established by the Defendant pursuant to Article 2 subparag. 3 and 2 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Agricultural and Fishery Products Act”) and Article 3 subparag. 1 of the Enforcement Rule of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Enforcement Rule of the Agricultural and Fishery Products Act”).
B. Pursuant to Article 25 of the Farm Villages Act and Article 13 of the Seoul Metropolitan Government Ordinance on the Agricultural and Rural Agricultural and Fishery Products Wholesale Market (hereinafter “instant Ordinance”), the Plaintiff, a corporation for which permission for intermediate wholesale business was granted from January 1, 2014 to December 31, 2018, entered into a contract for facility use with the Defendant for a period of one year for the period of use with respect to No. 247-1 (hereinafter “instant store”) located in the C market between the Defendant and the Defendant joining the Defendant.
C. On July 5, 2016, the Defendant issued a three-month business suspension disposition (hereinafter “instant disposition”) on the ground that the Defendant violated the standards for use of significant facilities, such as replacement of facilities, in violation of Article 74(1) of the Agriculture Procedure Act, based on the result of the Defendant’s investigation into the sales status of the C market intermediary store for four months from around December 2015 to March 2016 (hereinafter “instant investigation into actual condition”).
On the other hand, on February 5, 2016, when the fact-finding survey of the instant case was conducted, D, who was exclusively in charge of selling mushroom at some of the instant stores, was appointed as the Plaintiff’s joint representative director, together with E, who served as the Plaintiff’s representative director.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 7, 8 (including provisional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) F, G, H, and D (hereinafter “F, etc.”) is an employee of the Plaintiff, and F and H are registered as an employee of the Plaintiff’s supplementary auction.
They participate in auction on behalf of the plaintiff in the C market.