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(영문) 수원지방법원 2014.10.15 2014구단30217
영업정지처분취소
Text

1. The Defendant’s disposition suspending the business of the gas station B in the period of three months against the Plaintiff on February 4, 2014 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On July 25, 2012, the Plaintiff registered a petroleum retail business (gas station) with the content of the Defendant, “handling species: gasoline, light oil, etc.”, “number of storage facilities: 5 (200 kilograms)” and “number of liquor abandonment: 20 (7)”, and a person operating a petroleum retail business (gas station) with the trade name of “B gas station” (hereinafter “instant gas station”) from July 30, 2012 to Sirisisisi (hereinafter “instant gas station”).

B. At around November 29, 2013, around 11:50, personnel D, E, the Korea Petroleum Quality Authority in the gas station of this case: (a) collected samples from the storage tank in the oil station of this case, seven samples (number 1, 2, 4 through 8), and one gasoline (number 3), and conducted quality inspection; (b) the head of the Seoul Metropolitan Area Headquarters on December 12, 2013; and (c) as a result of the sample inspection, seven parts for the automobile diesel constitute fake petroleum products mixed with approximately 35% of other petroleum products (such as hydrocarbon oil, etc.) on the automobile diesel.

(hereinafter “instant violation”) notified the result of the quality inspection of petroleum products.

C. On February 4, 2014, the Defendant rendered a disposition suspending the instant gas station for three months (hereinafter “instant disposition”) on the ground that the Plaintiff violated Article 29 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”).

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 3, Eul evidence No. 1-1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion (1) since the plaintiff sold automobile petroleum supplied by F, it cannot be deemed that there was an intention or negligence on the sale of fake petroleum to the plaintiff, and there is a justifiable reason that the petroleum supplied by F is a fake petroleum.

(2) In order to operate the gas station of this case, the Plaintiff leased the land located in Heung-si, and the Plaintiff operated the gas station.

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