손해배상(기)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The Plaintiffs are the owners of the vehicles indicated in the column for “victims” in the separate report on the details of the accident (hereinafter “victims”), and the Defendant is the insurer who has concluded the comprehensive motor vehicle insurance contract with the owners of the vehicles indicated in the “victims” in the same accident list (hereinafter “victims”). There is no dispute between the parties.
2. The parties' assertion
A. 1) The primary claims of the Plaintiffs were repaired by an accident caused by a damaged vehicle, such as the specifications in the attached Form of the accident list. After completion of the repair, the Plaintiffs suffered losses that make it impossible to restore the damaged vehicle to its original state, such as decline in the exchange value. 2) Some of the Plaintiffs’ conjunctive claims, in the case of Plaintiffs A, B, and C, the “automobile drop damage” is acknowledged in accordance with the standard terms and conditions of automobile insurance, and the Defendant is liable to pay the drop damages according to the terms and conditions.
B. In order to recognize the Defendant’s assertion loss, there remain remaining parts that could not be repaired even after repair or damage that could not be restored to its original state, so there is no evidence to acknowledge this, and there is a decrease in the value of the survey company, and there is no such exchange.
Even if this is a special damage, the liability for compensation should be recognized only if the driver or owner of the damaged vehicle knew or could have known it.
3. Determination
A. In a case where an article was damaged due to a tort against the plaintiffs' primary claim, the damage is the repair cost, if possible, and the decrease in the exchange value if it is impossible to repair. If it is possible to repair it, the damage caused by a decline in exchange value in addition to the repair cost shall be deemed as a special damage.
Supreme Court Decision 2012Da115298 Decided December 11, 2014