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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
On October 29, 2015, the Plaintiff filed an application with the President of the National Institute of Environmental Research for the certification of exhaust gas (certification number: FY-NK-14-3) under Article 48(1) of the Clean Air Conservation Act, on November 24, 2015, for the certification of exhaust gas (certification number: FY-NK-14-3) with the Defendant’s President of the National Institute of Environmental Research.
Since then, the Plaintiff manufactured the instant vehicle and imported and sold it in the Republic of Korea. EGR (Exaus Glas’s Reconculing part of the exhaust gas emitted from the engine, one of the exhaust gas reduction devices, re-conculing the combustion temperature by lowering the combustion temperature, which reduces the emission of nitrogen oxides; hereinafter “EGR”) is set to stop operation in a case where the absorption temperature of the engine is at least 35 degrees in image.
(hereinafter “instant temperature establishment”). On September 2015, around September 2015, 2015, Defendant 2, the President of the National Institute of Environmental Research, conducted an occasional inspection to verify whether the instant 20 transit vehicles, including the instant vehicle, are “establishment of a rent” for the instant 20 transit vehicles.
(hereinafter “instant occasional inspection”). Article 2 subparag. 19 of the “Rules on the Method, Procedure, etc. for Certification and Inspection of Manufactured Motor Vehicles” prepared by delegation of the Clean Air Conservation Act (Ministry of Environment Notice No. 2016-82; hereinafter “instant Certification Notice”) defines “establishment of a Optional Motor Vehicle” as follows:
(hereinafter referred to as “instant voluntary creation clause”). The definitions of terms used in the provisions of Article 2 (Definitions) are as follows:
19. The term "establishment of a forest" means the reduction of the function of a part related to exhaust gases, such as the suspension, delay, vehicle temperature, engine speed, engine transmission, transformation language, and universal pressure, so as to reduce the function of the part related to exhaust gases differently from the test cap of exhaust gases under the conditions of general driving and use;