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(영문) 서울중앙지방법원 2020.08.19 2019나82679

손해배상(기)

Text

1. Each of the plaintiffs' appeals is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiffs, as owners holding 50% shares of each of the 50% shares in the automobiles indicated in the column of “automobile” as indicated below (hereinafter “instant vehicle”), suffered damages from the instant vehicle due to traffic accidents indicated in the column of “accident” as listed below (hereinafter “instant accident”).

On January 17, 2018, 201, 18:05 100% of Cheongdo-ro, Cheongdo-ro, Cheongdo-ro, Cheongdo-gun, Cheongdo-do-ro, Cheongdo-si, Cheongdo-gun, Cheongdo-si, left the left and left the left at the time of the initial registration of the car accident registration number of the car, the vehicle of this case, which was under a direct left and left the left in violation of the communication device, was shocked.

B. The Defendant paid KRW 18,274,650 to the Plaintiff as insurance money for the damage of the instant vehicle as the insurer who entered into a comprehensive automobile insurance contract with respect to the instant vehicle. Of the above insurance money, the amount related to the decline damage of the instant vehicle is KRW 1,945,800.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 and the purport of the whole pleadings

2. The assertion and judgment

A. Due to the accident of this case alleged by the plaintiffs, the part which was impossible to repair the vehicle of this case, which was technically possible after completion of repair due to serious damage, such as destruction of major structural parts, etc., and caused damage to the price decline of the vehicle of this case (so-called "satise damage"), and thus, the defendant, who is the insurer of the vehicle of this case, is liable to pay each of the plaintiffs 1,212,100 won [2,185,00 won x 2) - 1,945,800 won x 1/2] and delay damages for the vehicle of this case.

(b) When an article is damaged due to a tort committed by one of the liability for damages resulting from a decline in exchange value, the amount of ordinary damages shall be the cost of repair if it is possible to repair it, and the value of exchange if it is impossible to repair it, after repair it;