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(영문) 울산지방법원 2017.05.18 2016나4419

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is the owner of CWts CWC car (hereinafter “Plaintiff”), and Defendant B is the owner of DK5 automobiles (hereinafter “Defendant vehicle”), and Defendant Samsung Fire Marine Insurance Co., Ltd. is the insurer who entered into a comprehensive automobile insurance contract with the Defendant vehicle.

B. On March 19, 2015, Defendant B driven the Defendant’s vehicle, and changed the course to one lane near the Masan-gun, Ulsan-si, Ulsan-si, Ulsan-si, Ulsan Metropolitan City into two lanes on the one hand while driving the vehicle, and shocked the Plaintiff’s vehicle, which was directly engaged in the two lanes at the time.

(hereinafter “instant accident”). C.

Defendant Samsung Fire Marine Insurance Co., Ltd paid 2,520,000 won as repair cost to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, the purport of the whole pleadings

2. The parties' assertion

A. The part that was damaged by the Plaintiff’s assertion was repaired due to the instant accident, but the Plaintiff’s vehicle suffered a loss from the decline in the value of KRW 5,00,000 due to the instant accident that occurred within the six months from the delivery of the Plaintiff’s vehicle at the time of the accident, and thus, the Defendants are liable to pay the said amount of damage

B. The Defendants’ assertion 1) With respect to automobile drilling damage under attached Table 2(6) of the Standard Terms and Conditions for Automobile Comprehensive Insurance, in the case of a vehicle for which two years or less have passed after its release, if the repair cost exceeds 20% of the value of the vehicle immediately preceding the accident, part of the repair cost is recognized as damages, and the Plaintiff vehicle is paid as damages. However, the Plaintiff vehicle is not subject to market depreciation damage since the repair cost due to the instant accident exceeds 20% of the vehicle price, not the case where the repair cost exceeds 20% of the vehicle price. 2) The Plaintiff vehicle is not subject to the Plaintiff vehicle’s exchange with the left flurgs, fences, etc., and it cannot be deemed that it completely restored to its original state through repair,

3. Determination A.