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(영문) 서울중앙지방법원 2016.01.21 2014가단5065949

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 1, 2012, the Plaintiff, as the owner of BSP vehicle, was subject to a traffic accident due to the Defendant’s insured vehicle in the vicinity of the Dobong-dong subway Station, Seoul Special Metropolitan City (hereinafter “instant accident”).

The plaintiff repair of the above vehicle by the plaintiff's vehicle repair business center, which was 2,430,555 won of the repair cost.

Plaintiff

The vehicle was registered on December 21, 201 and became safe at the time of the instant accident.

At the time of the accident, the value of the above vehicle was about KRW 9,00,000.

The defendant's automobile insurance clause provides that "if the cost of repairing a motor vehicle due to an accident (limited to a motor vehicle not exceeding two years after its departure) exceeds 20% of the value of the motor vehicle immediately preceding the accident, 15% of the cost of repairing a motor vehicle shall be paid, and if the motor vehicle is more than one year but not more than two years after its release, 10% of the cost of repairing a motor vehicle shall be paid." On the other hand, the defendant's automobile insurance clause provides that "if a lawsuit (including private mediation and arbitration) has been instituted, the amount which the insured is liable to compensate for to the claimant for damages shall be considered as the amount calculated by the above standard of

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 (including paper numbers), Eul evidence Nos. 1 and 4, or the purport of the whole pleadings

2. The plaintiff's assertion and judgment are that the defendant set the payment criteria for damages for decline in the market price in accordance with the provisions of the Automobile Insurance Act. Thus, at least the amount corresponding to the standard for damages for decline in the market price recognized under the above terms and conditions should be recognized as ordinary damages or special damages for decline in the market price. The plaintiff's claim for the payment of 364,583 won and damages for delay under the above terms and conditions among the damages for decline in the

The plaintiff claims insurance money according to the above terms and conditions.