BMW Korea ordered to replace customer’s car

An appeals court ruled against the German automaker BMW’s Korean unit and its dealer Tuesday in a case over a defective car, the owner of which wanted replaced.

The Seoul High Court overturned the lower court’s ruling that only ordered BMW Korea and the dealer, Kolon Glotech, to fix the dysfunctional speedometer of the disputed import car.

“Both the seller and the Korea office of the car manufacturer must share responsibility for the car and provide the customer with a new model in compensation,” it said.

The customer, only identified as Oh, claimed the speedometer of his BMW 502d model malfunctioned just five days after purchasing it for 62.4 million won ($55,368) from Kolon Glotech in October 2010.

He said the speed indicator remained at “zero kilometers per hour” while driving. He took the vehicle in to a repair center run by the dealer.

The problem was because of a mechanical breakdown of the speedometer, and a mechanic told Oh to replace the whole car dashboard, Oh said.

He made a complaint to Kolon Glotech, and also to BMW Korea that had issued a certificate of quality assurance on his car.

Oh filed a suit with the Seoul Central District Court against both after they turned down his request for the replacement of his troublesome car with a new one.

The court rejected Oh’s claim for a replacement, although it ruled that the dealer and BMW Korea should bear the costs to fix the dashboard.

Oh made an appeal to the high court that found his luxurious import had a defect even when it came out of the factory in Germany.

The court said BMW Korea is responsible as it guaranteed the quality of the car and also financial coverage regarding safety problems due to mechanical failures.

“The certificate of quality assurance issued by the company states that the manufacturer will cover costs for mechanical failures that can pose a threat against safe driving,” it added.

“The condition of Oh’s car could have caused a serious accident for the driver, and it’s appropriate for BMW Korea to provide him with a new car,” the court added.

The court also ordered Kolon Glotech to share the financial costs with BMW Korea to compensate Oh with a new car. <The Korea Times/Yi Whan-woo>

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