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(영문) 광주지방법원 2015.07.17 2014나52625

손해배상(자)

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 4, 2012, the Plaintiff is the owner of B rocketing car first registered (hereinafter “instant damaged vehicle”) and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to C vehicle (hereinafter “instant damaged vehicle”).

B. On May 8, 2013, while the instant Maritime Vehicle was parked in the agricultural parking lot located in the Southern-si, Southern-si, Chungcheongnam-do, the accident was caused by shocking the front fences of the instant damaged vehicle (hereinafter “instant accident”).

C. The instant accident destroyed the right flater, the front board fences, etc. of the damaged vehicle.

The Defendant paid KRW 7,810,000 at the repair cost, such as replacing the front fences, wells, right liftss, etc. of the damaged vehicle, and KRW 1,328,000 at the sirens for other vehicles during the repair period.

Although the repair of the instant damaged vehicle was completed, the trading price of the instant damaged vehicle was lowered by KRW 5,700,000 as of May 8, 2013 due to the instant accident.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 4, 7 (including paper numbers), Eul evidence Nos. 1 and images, the result of the appraisal conducted by the appraiser D of the first instance trial, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the damaged vehicle of this case is a major traffic accident of this case.

Many changes have occurred due to cutting and melting part of the body corresponding to the frameworks, and the exchange value of KRW 5,700,000 has been reduced due to the reduction of use period, functional and aesthetic disorder, accident records, etc., which is the ordinary damages that anyone can expect.

Therefore, the Defendant is obliged to pay the Plaintiff damages of KRW 5,700,000 and damages for delay due to the reduction of exchange value.

(b)in the event that an article is damaged by a tort, the damage is not feasible, the cost of repair or the cost of repair.