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(영문) 광주지방법원 2016.06.10 2015나57238

손해배상(자)

Text

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.

Reasons

1. On April 6, 2015, the Plaintiff is the owner of Bchip vehicle (hereinafter “Plaintiff”) first registered on April 6, 2015, and the Defendant is the insurer who entered into a comprehensive motor vehicle insurance contract with C and D New Harbor Cargo (hereinafter “Defendant”).

C On July 10, 2015, around 18:35, 2015, driving the Defendant vehicle, driving the front side road of the F in the Southern-gu Seoul metropolitan area E, and shocked the part of the back penter and back penter of the Plaintiff vehicle parked at that place with the front front front wheeler of the Defendant vehicle and the front penter part.

(B) Under the following, the part on the back side of the driver’s seat of the Plaintiff was destroyed due to the instant accident.

Accordingly, the Defendant paid to the Plaintiff KRW 1,090,000 for the repair cost of the Plaintiff due to the above damage ( KRW 890,000 for the repair cost of the maintenance company + KRW 200,000 for the free-stamping cost) and KRW 414,00 for the lending fee, and the repair of the Plaintiff’s vehicle was completed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4 (including branch numbers), the purport of the whole pleadings

2. In addition, even though the repair of the Plaintiff’s vehicle was repaired due to the destruction of the Plaintiff’s assertion caused by the accident of this case, the parts that were impossible to repair remains, and there was a loss that reduces the value

This constitutes ordinary damages and there is a possibility of predictability even if it constitutes special damages. Therefore, the defendant is obliged to pay the plaintiff the amount of damages 2,000,000 won due to the reduction of exchange value and the delay damages.

3. In the event that an article is damaged by a tort, the cost of repair if it is possible to repair it, and in the event that it is impossible to repair it, the reduced value of exchange is ordinary damage, and in the event that part of it is impossible to repair it remains after repair it, the cost