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(영문) 서울서부지방법원 2015.05.28 2012가합4862
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 347,536,530 to the Plaintiff (Counterclaim Defendant) and its related amount from July 19, 2013 to May 28, 2015.

Reasons

Facts of recognition

The plaintiff is a company established for the purpose of manufacturing and selling electricity, industrial equipment, and equipment, and the defendant is a company established for the purpose of developing and selling high-pollution materials reduction technology in the atmosphere.

Article 25 (6) of the Special Act on the Improvement of Air Quality in the Seoul Metropolitan Area (hereinafter referred to as the "Metropolitan Air Quality Control Act") (4) The owner of a specific diesel vehicle shall install an emission-reducing device, remodel or replace it with a low-pollution engine, as prescribed by Ordinance of the Ministry of Environment, so that the exhaust gas emitted from the relevant motor vehicle can be maintained in compliance with the permissible emission levels for specific diesel vehicles under paragraph (1).

Provided, That the owner of a specific diesel vehicle who has been ordered to install an emission-reducing device or remodel or replace with a low-pollution engine under the ordinance of a City/Do under Article 58 (1) of the Clean Air Conservation Act shall comply with the permissible emission levels, regardless of whether it conforms

(6) The Minister of Environment or the Seoul Special Metropolitan City Mayor, etc. may subsidize expenses where any of the following persons installs an emission-reducing device under paragraph (4) or alters or replaces with a low-pollution engine:

According to the specific diesel automobiles, the warranty period of exhaust gases under Article 46 of the Clean Air Conservation Act is expired among diesel automobiles registered in the atmosphere control zone for specific diesel automobiles (excluding diesel automobiles the engine displacement, etc. meets the standards prescribed by Ordinance of the Ministry of Environment).

(Article 25(1) of the Seoul Metropolitan Air Quality Act). The owner of a vehicle shall either attach an exhaust exhaust gas exhauster (DPF and exhaust gas reduction device; hereinafter referred to as "string reduction device") or remodel it into a low-pollution engine.

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