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(영문) 서울중앙지방법원 2015.08.11 2015가합1081
약정금
Text

1. The plaintiff's claim against the main defendant B and the conjunctive defendant C is dismissed in entirety.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff is a person who purchases and owns IMW vehicles (hereinafter “instant vehicles”) from IMW Korea Co., Ltd. (hereinafter “Non-MW Korea”), and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company running a A/S center for IMW vehicles with another IMW Korea’s another flus Korea, and Defendant C is a branch office of the BMW E Services Center (hereinafter “instant service center”) operated by the Defendant Company as an employee of the Defendant Company.

B. On October 25, 2013, around 17:00, the Plaintiff: (a) driven the instant vehicle and was enrolled in Gangwon-do as Seoul at the entrance of the Michuhol-si tunnel, the Plaintiff caused an accident that turned out the starting operation of the instant vehicle at the entrance of the Michuhol-si tunnel.

(hereinafter “instant accident”). C.

Accordingly, the Plaintiff reported the instant accident to the Defendant Company, and around October 26, 2013, the Defendant Company leased GMW 730d Lend car owned by the F Company to the Plaintiff, and entered the instant service center where the Plaintiff used the instant automobile in usual.

As a result of the Defendant Company’s inspection of the instant automobile, it confirmed that the cause of the instant accident was the engine height due to the lack of engine errors, and notified the Plaintiff that he would provide an engine free of charge within the guarantee scope of IMB Korea. However, the Plaintiff demanded the Defendant Company to exchange the vehicle with new lanes.

E. On November 2013, the Plaintiff’s demand for vehicle exchange in accordance with the instant accident was transferred to the Defendant Company’s CRship team. The said CR team reported the progress to IM teams of IMB Korea and continued to proceed with telephone conversations with the Plaintiff upon receipt of instructions.

The head of the Defendant Company CR Team H shall explain the status of the instant vehicle to the Plaintiff without compensation.

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