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(영문) 서울중앙지방법원 2020.08.13 2018가합520118
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the relevant automobiles indicated in the attached Table 3’s “automobile” column, which had a serious vehicle (hereinafter “each of the instant automobiles”).

B) The “date (purchase date)” as indicated in the “Date” as indicated in the “Date” is the owner purchased around the respective dates (Provided, That Plaintiff F sold the automobiles listed in the “Motor Vehicle” column 2, around October 10, 2018.

2) Defendant A and Defendant C were corporations established in accordance with the laws of the Federal Republic of Germany, and Defendant A manufactured each of the C brand vehicles as indicated in the sales status of A brand model among the instant diesel vehicles, and Defendant C manufactured each of the C brand vehicles as indicated in the C brand model sales status.

Defendant B was a corporation established under the State law of the United States of America (hereinafter referred to as the “U.S.A.”), among A brand automobiles, engaged exclusively in the manufacture of automobiles.

(hereinafter referred to as “Defendant A, C, and B” manufacturers. Defendant D imported each of the instant vehicles from the Defendant’s manufacture and distributed them in Korea, and directly performed automobile advertisement, etc. through broits, Internet homepage, magazines, newspapers, news reports, etc.

3) The percentage of the imported vehicle in Korea reaches approximately 18.3% of the new registered number of H year, among which the market share of each brand reaches approximately 17.3%, approximately 17.0%, about 17.0%, about 2%, about 12.9%, about 11.8%, about 3 and 4%, respectively. Meanwhile, the market share of the imported diesel vehicle market in Korea was around 19.1%, about 19.1%, about 18.0%, about 2 and 3%, over 10%, over 11.8%, and about 10%, over 19.9%, about 19.1%, about 18.0%, about 18.0%, about 17.0%, about 17.0%, and about 10% of the diesel engine’s characteristics, and about 110% of the diesel engine’s characteristics, compared to the diesel engine.

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