손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Plaintiff is the owner of the Plaintiff’s Switzerland vehicle (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the CGG vehicle (hereinafter “Defendant’s vehicle”).
(insured D). (b)
D on March 27, 2016, around 00:20 on March 27, 2016, the wife, while driving the Defendant’s vehicle, shocked the Plaintiff’s vehicle parked in the white real line section before G located in Ulsan-gu F.
(hereinafter “instant accident”). C.
In the instant accident, the Plaintiff’s vehicle was destroyed in total to KRW 3,292,078.
The defendant recognized D's negligence as 100%, and paid the insurance money of KRW 3,152,200, total of KRW 128,280,200, which is the transportation cost, which is the indirect damage, to the plaintiff.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) at the time five months have elapsed since the Plaintiff’s delivery of the instant vehicle, repaired the Plaintiff’s vehicle on account of the instant accident. However, even after repair, the Plaintiff’s vehicle affected the low vibration and noise, driving safety, durability, corrosion, etc. due to the deterioration of materials and the robbery, etc., and led to a decline in the middle and high-class market price of the Plaintiff vehicle compared to the Plaintiff’s vehicle without any accident-related power, which could not be seen as having been restored to its original state due to its appearance, function, and social norms. 2) Ultimately, the Plaintiff’s loss (hereinafter “accident loss”) caused by the instant accident fell under ordinary damages or potential special damages due to the traffic accident, and the Defendant is obligated to pay to the Plaintiff compensation for the decline damage, as well as damages for delay.
B. As to the fall damage under paragraph 6 of attached Table 2 of the Standard Terms and Conditions for Automobile Comprehensive Insurance for Defendant 1.