A court has sided with an automaker and declined to award damages in a lawsuit over a sudden unintended acceleration accident that killed the driver’s 12-year-old grandson in December 2022.

The Chuncheon District Court ruled in favor of KG Mobility on Tuesday, saying the driver mistook the accelerator for the brake before the accident occurred in Gangneung, Gangwon Province.

The court did not accept the family’s argument that a software defect caused the automatic emergency braking system to fail or that the car suddenly accelerated when the driver stepped on the brake.

Shortly after the verdict was announced, the victim’s father announced his intention to appeal.

The family was seeking damages in the amount of 920 million won, or about 650-thousand U.S. dollars.