1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is the owner of BMW X3 20d vehicles (hereinafter “instant vehicle”), and the Defendant is a company that engages in the sale and maintenance business of BMW X3 20d vehicles as a service center of BMW Korea Co., Ltd. (hereinafter “Non-Mbb Korea”).

B. Around September 24, 2015, IMB Korea sent a notice to all customers, including the Plaintiff, the owner of the instant vehicle, who purchased the same kind of vehicle, individually, stating that “earing automobile was proved to have existed a manufacturing defect related to Dominner,” and the main contents thereof are as follows.

In the event that the corrective measures period from September 24, 2015 to March 23, 2017 are improved, the place of exchange measures and the department in charge do not correct the cost of free repair defects in the service center nationwide, the impact on the motor vehicle and the direction may be avoided.

(1) Where any motor vehicle manufacturer, etc. or part manufacturer, etc. has any of the following persons, he/she shall compensate for the corrective expenses:

(2) The standards for calculating the amount of compensation, deadline for the payment of compensation, procedures for requesting the payment of compensation, and other matters necessary for the payment of compensation shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(1) The amount of compensation when compensating pursuant to Article 31-2 of the Act shall be the manufacturer, etc. or the manufacturer, etc.