beta
(영문) 창원지방법원 2016.10.13 2016나51044

보험에관한 소송

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. The reasoning of the judgment of the court of first instance that cited the same part of the judgment is as indicated in the reasoning of the judgment of the court of first instance, except for the part that the plaintiff repeatedly contests in the court of first instance with the part that "5,00,000 won" was "5,50,000 won." This part of the judgment of the court of first instance concerning "3 14 to 18,000 won," which is "5,50,000 won," which is "5,50,000 won," and it is cited as it is in accordance with the main sentence of Article 4

【The part in which case the Defendant suffered emotional distress due to the accident in this case is charged with property damage, unless there are special circumstances to deem that the compensation for the property damage is serious enough to compensate for it (see, e.g., Supreme Court Decision 96Da38971, Jul. 10, 1998). However, in this case, in full view of each evidence and evidence No. 1 (the entire purport of the pleading can be comprehensively considered in the statement including the serial number), there are special circumstances to deem that the mental distress suffered by the Defendant due to the accident in this case is serious to the extent that the compensation for the property damage cannot be compensated only by the itself.

① Although the Defendant was a vehicle for which 20 years or more elapsed, the Defendant was normally used for business purposes.

(2) Nevertheless, the calculation shall be based on the annual formula of the year in which the vehicle is manufactured in calculating active damages caused by damage to the defendant vehicle.

In addition, it seems that the actual exchange value of the defendant vehicle was not well assessed, and the defendant would have been more costs than the active damages calculated in order to purchase the vehicle in the same condition as the defendant vehicle.

③ The Defendant has become difficult to perform the director’s contract concluded with customers due to the instant accident, which caused the occurrence of problems, such as compensation to customers or introduction of other companies, etc.