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(영문) 대구지방법원 2017.02.15 2016나310631

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 the Plaintiff’s low-priced vehicle B (hereinafter “Plaintiff’s vehicle”).

B. Around 11:40 on May 1, 2016, a vehicle C (hereinafter referred to as “Defendant vehicle”) was driven in the front line parking lot on the side side of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front city of Busan.

(hereinafter referred to as “instant accident”) C.

The defendant is an insurer who has concluded an automobile insurance contract against the defendant vehicle.

The Defendant paid KRW 2,730,486 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

Plaintiff

The vehicle was registered on October 22, 2015, and the mileage was about 17,465 km at the time of the instant accident and about 27,00,000,000 won in the middle immediately before the instant accident.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, 4, Eul 1 and 2, Eul 1 and 2, the result of the appraisal commission to appraiser D by the court of first instance, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred, even after the completion of repair with respect to the Plaintiff’s vehicle, led to the Plaintiff’s lack of repair capacity, noise, durability decrease, etc., and resulting in the Plaintiff’s loss that reduces the exchange value (high value).

The defendant is obligated to pay to the plaintiff the reduced exchange value of KRW 1,824,351 and delay damages for the reduced exchange value, even if there is no portion impossible to repair. Therefore, the defendant is obligated to pay to the plaintiff the reduced exchange value of KRW 1,824,351 and delay damages.

B. The Defendant’s assertion that the repair of the Plaintiff’s vehicle was completed, and that the repair is not possible remains.

In addition, if the repair is possible, the damage caused by the decline in the exchange value in addition to the repair cost is a special damage and it cannot be recognized.

3. Determination

(a) The ordinary amount of damages when the property owned is damaged due to the tort shall be acceptable;