손해배상(기)
Of the part against the plaintiff in the judgment of the first instance, the part against the plaintiff who is ordered to pay below.
1. Basic facts
A. The Plaintiff is the owner of the vehicle indicated below at the time of the traffic accident listed below (hereinafter “the instant accident”), and the Defendant is the insurer who concluded the automobile insurance contract with respect to the instant sea vehicle that caused the instant accident.
On January 1, 2017, 2017, the details of the first registered traffic accident on the date of the accident on the date of the initial registration of the vehicle, MINI Cooper SPbman on the fault ratio, and 100% on November 1, 2017, when the Maritime Vehicle estimated the rear of the Plaintiff vehicle.
B. At the time of the instant accident, the odometer of the Plaintiff’s vehicle, the standard value of the used vehicle, the actual repair cost, the repair volume, and the history of the existing accident are as listed below.
The standard repair cost and particulars of the odometer 44,184km 18,270,00 won 12,417,961 - The main framework: The left-hand : the exchange of wheelchairs - Nos. 1-4, 3-4, 5-4, 5-7, and 7, respectively, the purport of the whole pleadings and arguments
2. Occurrence of liability for damages;
A. The amount of damages when an article is damaged due to a tort (1) is the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value of exchange becomes the ordinary amount of damages. Therefore, in cases where parts that cannot be partially repaired remain even after repair are repaired, the reduced value of exchange due to impossibility of repair, in addition to the cost of repair, shall be deemed as ordinary damages.
(2) In the event of an accident causing serious damage to a motor vehicle due to the destruction of the main structural frame of the motor vehicle, etc. (see Supreme Court Decision 2001Da52889, Nov. 13, 2001), it is in accordance with the empirical rule to view that, even if the main structural frame of the motor vehicle has been completed, the repair impossible parts are left, barring any special circumstance, and thus, the damage of the motor vehicle price decline should be deemed as ordinary damages.