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1. As of March 25, 2014, the Defendant’s penalty surcharge of KRW 50 million in lieu of the suspension of business against the Plaintiff as of March 25, 2014.
Reasons
1. The following facts may be acknowledged if there is no dispute between the parties, or if the purport of the whole pleadings is visible on each entry in the evidence B as referred to in subparagraphs 2 through 4:
The plaintiff started with the petroleum retail business in 1986 and has been engaged in the same day for about 28 years until now.
At present, the Plaintiff is operating a gas station in the trade name “B” (hereinafter “instant gas station”).
At present, the plaintiff is operating the gas station of this case with his wife (C) without employing his employee.
(b) the plaintiff's husband and wife are residing in the housing located behind the site of the gas station that can be seen as the original photograph. (b)
The gas stations of this case received the quality inspection of petroleum products on February 21, 2014.
In other words, around 16:44 on the same day, D, E collected one gasoline (21 sample number) and three points of light oil (22,23,24 sample number) from the tank middle of the tank of 1,000 liter and 2,000 liter in the vehicle number F, total amount of 3,000 liter, which were installed in the tank middle of the tank of this case, as a sample for quality inspection.
C. As a result of the close inspection of the above four samples, the sample number No. 24, which was taken from the back column of the tank of this case, among the samples of the above four points, was combined with about 5% of other petroleum products, etc., and it was revealed that the above samples were “fake petroleum products” as provided by Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).
Based on the results of the analysis, the Institute notifies the Defendant on March 7, 2014, “one of the samples taken at the Plaintiff’s oil station, which is a mixture of about 5% of other petroleum products in transit and constitutes fake petroleum products prescribed in the Petroleum Business Act.”