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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 22, 2013, the Plaintiff is a person who acquired the instant gas station from C by the representative of the gas station B located in B (hereinafter “instant gas station”).
B. On May 3, 2010, the Defendant imposed a penalty surcharge of KRW 25 million on D, which was the former representative of the instant gas station, on the ground that Article 29 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) was violated by keeping and selling fake petroleum products on May 3, 201, and imposed a penalty surcharge of KRW 25 million on September 14, 201 on the ground that he/she violated Article 29 of the Petroleum Business Act by storing and selling fake petroleum products, and on the ground that he/she violated Article 29 of the Petroleum Business Act. On January 20, 2012, the Defendant imposed a penalty surcharge of KRW 25 million on C, who succeeded to the status of the representative from D as of January 20, 2012.
C. On May 1, 2013, the Plaintiff notified the Defendant of the investigation result that the Plaintiff violated Article 44 subparag. 3 of the Petroleum Business Act (hereinafter “the first violation”) by manufacturing a total of 323,321 liter of fake petroleum and selling it to the Dasan Environment (hereinafter “Dasan Environment”) by mixing it with light oil over 16 times from April 9, 201 to July 5, 2012, and having been indicted for violation of the Petroleum Business Act and committing a violation of Article 44 subparag. 3 of the Petroleum Business Act (hereinafter “the first violation”), and E was sentenced to a suspended sentence of imprisonment for each of the above years around July 3, 2013 by the Gwangju District Court 201Da3793, Jul. 26, 2013.
On June 24, 2013, the Defendant: (a) manufactured and sold the instant gas station by mixing it with light oil on March 27, 2013; (b) manufactured and sold the instant gas station’s actual operator and employees; and (c) violated the Petroleum Business Act.