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(영문) 부산지방법원 2018.02.01 2016가단350859

손해배상(자)

Text

1. The Defendant’s KRW 14,621,950 for the Plaintiff and 5% per annum from October 13, 2015 to July 5, 2017.

Reasons

1. On October 13, 2015, at around 13:00 on October 13, 2015, the Plaintiff: (a) driven a Benz S350 car owned by the Plaintiff (hereinafter “victim”); and (b) caused damage to KRW 35,387,000,00, in total, the repair cost of the damaged vehicle, such as the front gate, backd, and darb, by changing the string line between the Defendant and the four-lane national highways located in the e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the

(hereinafter “instant traffic accident.” The Defendant recognized the rate of fault on the instant traffic accident as 100%, and agreed on other damages between the Plaintiff and the Plaintiff, but did not agree on the reduction of the exchange value of the damaged vehicle.

On the other hand, the damaged vehicle was first registered on May 15, 2015, and the defendant paid to the plaintiff KRW 5,308,050 equivalent to 15% of the vehicle repair cost as the amount of loss.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The amount of damages when the goods were damaged due to a tort in the relevant legal doctrine shall be the cost of repair if it is possible to repair them. If it is impossible to repair them, the reduced exchange value shall be the ordinary amount of damages. In cases where parts that cannot be partially repaired remain even after repair are repaired, the reduced exchange value shall be the normal amount of damages, in addition to the cost of repair.

(2) In light of the above legal principles, the lower court did not err by misapprehending the legal principles as to liability for damages arising out of the total amount of damages arising out of the total amount of damages arising out of the total amount of damages arising out of the total amount of damages arising out of the total amount of damages arising out of the total amount of damages arising out of the total amount of damages arising out of the total amount of damages.