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(영문) 서울중앙지방법원 2016.11.25 2016나31267

손해배상금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. On January 27, 2014, the Plaintiff entered into a vehicle lease agreement (hereinafter “instant lease agreement”) with the KFF Capital Co., Ltd. (hereinafter “KF Capital Co., Ltd.”) on the vehicle A (hereinafter “Plaintiff”) (hereinafter “Defendant”), and the Defendant is an insurer who entered into an automobile insurance contract with respect to the vehicle B (hereinafter “Defendant vehicle”).

B. Around 20:15 on December 12, 2014, the driver of the Defendant vehicle, while driving the Defendant vehicle, shocked the part of the back part of the Plaintiff vehicle while driving the vehicle on the road near Suwon-gu Suwon-gu, Suwon-si with the front part of the Defendant vehicle.

(hereinafter referred to as “instant accident”). C.

The Defendant paid insurance money of KRW 12,202,30 in total to the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 4, Eul evidence 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion caused damages that fall in the value of the vehicle equivalent to KRW 7,312,583 in addition to the repair cost of the Plaintiff’s vehicle due to the instant accident.

However, according to the lease contract of this case, the Plaintiff is liable for damages equivalent to the decline in the value of the above vehicle from the car rink Capital in accordance with the lease contract of this case. As such, the Plaintiff may seek compensation for the decline in the value of the vehicle as the lessee.

Even if not,

Even if the Plaintiff acquired the right to claim compensation for the vehicle value decline damage caused by the instant accident of the Plaintiff’s vehicle from the KF Capital Capital, the Plaintiff sought the payment of the said damage in the position of the transferee of the claim.

B. 1. Determination as to whether the Plaintiff is in a position to claim for value decline damages, and first, whether the Plaintiff may claim for value decline damages on the Plaintiff’s vehicle as the lessee’s position as the lessee.