beta
(영문) 서울중앙지방법원 2017.01.18 2016나54628

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the revoked part are asserted.

Reasons

1. The scope of this Court’s adjudication claim against the Defendant for damages for the amount of the Plaintiffs’ vehicle exchange value decrease and the appraisal cost to calculate the amount. The first instance court accepted the Plaintiffs’ vehicle exchange value decrease claim and dismissed the portion of the appraisal cost claim.

Accordingly, since only the defendant appealed against this, the scope of this Court's trial is limited to the claim for the decrease of the exchange value of the plaintiffs' vehicle.

2. The reasoning for the court’s explanation on this part of the basic facts is that the reasoning for the judgment of the court of first instance is the same as the reasoning for the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 4 of the first instance judgment, the "victimd vehicle (vehicle type and vehicle number)" in Part 3 shall be changed to "victimd vehicle (vehicle and vehicle number)".

B. The accident details attached to the written judgment of the court of first instance are replaced by the attached accident details table attached to the written judgment.

3. The plaintiffs' assertion and judgment on this issue

A. The plaintiffs asserted that their vehicles were destroyed and repaired due to each of the traffic accidents in this case, and even after the completion of repair, the plaintiffs' vehicles did not restore to their original state as before the accident occurred. Accordingly, damage corresponding to the decrease in the exchange value even after the repair exists. Thus, the defendant, who is the insurer of the hazard vehicle, is liable to compensate the plaintiffs for the damages equivalent to the decrease in exchange value of the plaintiffs' vehicles.

B. (1) The amount of damages when an article is damaged due to a tort shall be the cost of repair if it is possible to repair it, and where it is impossible to repair it, the reduced value of exchange shall be the ordinary amount of damages, and where part of it is impossible to repair it remains after repair, the reduced value of exchange due to impossibility of repair in addition to the cost of repair shall be the normal amount of damages.