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(영문) 서울중앙지방법원 2018.11.08 2015가합567963
손해배상(기)
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Plaintiff is a company running the business of converting automobiles using liquefied petroleum gas (LPG) as fuel (hereinafter “LPG”) into automobiles using as fuel for liquefied petroleum gas and compressed natural gas (CNG) (hereinafter “LPG automobiles”). The Defendant is a company running the business of manufacturing and selling bio-gas (CBG and sewage treatment plant with at least 95% of carbon level so that they can be used as fuel for automobiles, and at least 5% of other non-net gases so that they can be used as fuel for automobiles, and the designated parties are companies or private taxi drivers operating passenger transport business, etc.

B. In around 2009, the Plaintiff entered into a contract between the designated parties to remodel the taxi vehicles (LPG) owned by the designated parties into with LPG/CNG automobiles, and provided the said taxi vehicles to the designated parties by modifying the said taxi vehicles into LPG/CNG automobiles according to the contract.

C. After remodeling his taxi vehicles into LPG/CNG vehicles, the designated parties supplied biogas in the gas charging station operated by the Defendant, and operated passenger transport business. From July 2013, the Plaintiff damaged the pressure-resistant container valves, the CNG (CNG), the CNG, and the electronic valves (hereinafter “instant parts”) installed for the alteration of the vehicle as above, and caused a problem of corrosion-resistant container valves, the CNG (CNG), the CNG, and the test color.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 11, and 12, the purport of the whole pleadings

2. Determination as to the cause of action

A. Claim for damages under the Product Liability Act 1) The summary of the Plaintiff’s assertion is that the damage and corrosion of the instant parts occurred due to the poor quality of the biogas produced by the Defendant (hereinafter “the instant biogas”), and the Plaintiff and the designated parties are replaced.

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