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(영문) 대구지방법원 2017.05.26 2016구단11075
영업정지처분취소
Text

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. B completed the registration of petroleum retail business (gas station) to the Defendant on June 26, 2009, and operated the petroleum retail business under the trade name, “D gas station” (hereinafter “instant gas station”) in North-gu, North-si, North-si, North-si.

B. At around 07:30 on May 24, 2016, the Daegu border headquarters discovered the fact that the oil 106 liters, such as E concrete mixtures trucks (hereinafter “instant vehicle”) stopped in the instant gas station, was exposed to the fact that the oil liters are fluored.

C. On June 7, 2016, the Plaintiff accepted the instant gas station from B, changed the trade name into “F gas station”, and completed the registration for change of petroleum retail business ( succession to the status) to the Defendant on June 13, 2016.

On July 22, 2016, the Defendant sold light oil to the Plaintiff as fuel of a motor vehicle, and issued a disposition of suspending the business for three months pursuant to Article 39(1)8 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “instant violation”), Article 13(3) of the Petroleum Business Act, Article 16 of the Enforcement Rule of the Petroleum Business Act, and Article 16 of the Enforcement Rule of the Petroleum Business Act.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1 through 3, 7, 8, and 12, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The plaintiff's assertion 1) The gas station in this case where there is no ground for disposition was found that one employee of the gas station in this case is bad at the time of detection, but the driver of the vehicle in this case, despite the demand of the employee who would temporarily move to the gas station, operated the gas station directly from the alcohol station for the combined use of light oil and light oil, and caused an error to flow the gas station to the vehicle in this case, so there is no violation of this case where the driver of the vehicle in this case sold the gas station as fuel. 2) The reason why the oil of this case was sold to the vehicle in this case as a fuel, the reason why the oil of this case was sold to the vehicle in this case, and the fact that there was no violation prior to the discovery, and the fact that there was no violation.

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