손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On June 7, 2015, the Defendant: (a) concealed B rocketing YF from the Plaintiff on June 7, 2015; and (b) the Defendant’s occurrence of a traffic accident, while driving the instant vehicle on June 10, 2015, which was born, due to the strawing and balance between the parties or due to the failure of the parties to dispute, is recognized by comprehensively taking account of the overall purport of the pleadings in the statement Nos. 1 and 2.
The Plaintiff asserts that the instant motor vehicle was destroyed due to the Defendant’s fault, such as over-speed driving, and that the instant motor vehicle was destroyed. The Defendant is obliged to compensate the Plaintiff for damages in total of KRW 42,00,293, including the repair cost of KRW 28,202,693, KRW 12,297,60, and KRW 500,000, and depreciation cost of KRW 1,000,000.
It is not sufficient to recognize the occurrence of the above traffic accident by the defendant's negligence only with the statement of No. 6, and there is no other evidence to acknowledge it.
Rather, according to the appraiser C’s appraisal result, the back portion of the instant vehicle’s back side is more than 15 years after its production, and the normal life expectancy (3 to 6 years, 60,000 km) was considerably exceeded, and it is recognized that the latter portion was in operation while driving due to such deterioration.
Therefore, the plaintiff's claim premised on the defendant's negligence is without merit, and it is dismissed. It is so decided as per Disposition.