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(영문) 서울중앙지방법원 2016.03.16 2014가합524495

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Summary of the plaintiffs' assertion

A. The primary Plaintiffs, as the owners of each motor vehicle indicated in the column for damaged vehicles (motor vehicles and vehicle numbers) in the attached Form No. 1, have been destroyed by a traffic accident caused by the Defendant insured vehicle, and accepted each of the above vehicles.

Each damaged vehicle owned by the plaintiffs was damaged by the reduction of the use period, the function and aesthetic impairment of the damaged vehicle, the fall in the exchange value of the damaged vehicle due to the accident power, etc. (hereinafter referred to as "accident damage") even after the completion of the repair of the emergency due to the above traffic accident.

In addition, in order to calculate the amount of difference in exchange value of each damaged vehicle, the plaintiffs requested an appraisal to a vehicle professional engineer, and the appraisal cost is also the damage caused by the above traffic accident.

Therefore, the defendant is obligated to pay to the plaintiffs the amount of money stated in the "request amount" column, which is the sum of damages for appraisal costs stated in the "appraisal cost" column of the attached Table, such as damages incurred on each vehicle as stated in the attached Table of the accident statement, and damages for delay.

B. Preliminary defendant asserts that since the standard terms and conditions of automobile insurance provide for the payment criteria for damages for automobile price decline, at least the amount that constitutes the standard terms and conditions shall be paid to the plaintiffs as ordinary damages or special damages for price decline.

2. Determination

A. 1) Determination as to the primary argument is as to the claim for depreciation damages. The amount of damages when the goods were damaged due to a tort shall be the cost of repair if it is possible to repair them. If it is impossible to repair them, the reduced value of exchange shall be the ordinary amount of damages. If parts that cannot be repaired after repair remain, the reduced value of exchange due to the impossibility of repair shall be normal in addition to the cost of repair.