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(영문) 서울중앙지방법원 2016.04.06 2014가합534850

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 above plaintiffs are owners of each motor vehicle indicated in the column for damaged vehicles (motor vehicles and vehicle numbers) in the attached Form No. 1, and each of the above vehicles was damaged and repaired due to the traffic accident caused by the defendant insured vehicle.

Each damaged vehicle owned by the above plaintiffs suffered damages, such as reduction of the use period, functional and aesthetic impairment of the damaged vehicle, decline in the exchange value of the damaged vehicle due to the accident power, etc., even after the repair of the emergency due to the above traffic accident (hereinafter “accident damage”).

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

Therefore, the Defendant is obligated to pay the Plaintiff C the appraisal cost of KRW 2,008,440 (= KRW 275,000), KRW 7,814,700 (= KRW 7,484,700) to the Plaintiff Company, and each delay damages therefrom.

B. Under the terms and conditions of automobile insurance, the defendant claimed damages for fall short of the market price (the plaintiff A, B, D, E, F, G, and the plaintiff company (the preliminary claim) for damages for fall short of the standard terms and conditions of automobile insurance, and therefore, at least the amount corresponding to the standard terms and conditions of automobile insurance shall be paid to the above plaintiffs as ordinary damages for fall short of the market price and special damages.

2. Determination

A. 1) Determination as to the assertion of eassive damage, etc. 1) Determination as to the assertion of eassive damage, etc. 1) Determination as to the assertion of eassive damage should be made if the goods were damaged due to tort, and if it is impossible to repair it, the amount of decrease in exchange value would be the normal amount of damage, and there remains parts that cannot be partially repaired after repair