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1. The Defendant’s disposition suspending business against the Plaintiff on January 31, 2019 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. The Plaintiff is operating a petroleum retail business at the location of its head office, and entered into a contract for the supply of light oil for automobiles with B Co., Ltd. (hereinafter “Nonindicted Company”).
B. The Plaintiff’s representative director C operated a petroleum retail business (gas station) with the trade name “E” in Michuhol-gu Incheon, and around 17:00 on November 12, 2018, F, an employee of E, used a petroleum mobile sales vehicle (registration number: G; hereinafter “instant sales vehicle”) for the construction machinery belonging to the non-party company (hereinafter “instant site”) at the Hanam-si H construction site (hereinafter “instant site”) at the Hanam-si (hereinafter “the instant construction machinery site”), four construction machinery units belonging to the non-party company (one thousand air (registration number: i.e., cuter (J., registration number; J.), sofags (K. registration number; hereinafter “instant construction machinery”); hereinafter “the instant construction machinery”), and two employees belonging to the Nam-nam Headquarters in the Seoul metropolitan area (hereinafter “the instant control unit”), controlled the instant construction machinery and the instant construction machinery (hereinafter “the instant construction machinery”).
The oil storage tank of the selling vehicle of this case is divided into partitions so that each of the different kinds of petroleum products can be stored. At the time, approximately 400 liters, such as oil (capacity 2,000 liter) and approximately 1,600 liters were stored in middle partitions (capacity 2,000 liter). The latter partitions (capacity 1,000 liter) was defective.
The instant control personnel collected samples from each fuel tank of the four parts of the oil storage tank of the instant selling vehicle (hereinafter “instant samples”) in front of the oil storage tank of the instant selling vehicle, the intermediate partitions and main abandonment, and the said four parts of each fuel tank of the said construction machinery.
C. As a result of the inspection of the sample of this case, the quality suitability was determined in the case of the oil storage tank front of the oil storage tank of the selling vehicle of this case, the intermediate partitions, and liquor abandonment. However, other petroleum products (such as light oil, etc.) are collected from the fuel tank in the tent air, not only 104 samples.