손해배상(자)
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
1. Purport of the claim.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the addition of the following '2. Additional Judgment' as to the allegations emphasized by the plaintiff in this court, and thus, it is acceptable as it is by the main sentence of
2. Additional determination
A. The gist of the Plaintiff’s assertion is only five months after the instant vehicle was released, and the mileage is not only 20,824km, and the repair cost is also 75,508,596 won due to the instant accident. In light of the fact that the instant vehicle’s price decline damage caused by the instant accident requires 41,150,000 won calculated according to the method referring to the actual transaction market by the appraiser. Even if so, even if so, the damages for price decline in the instant vehicle should be recognized.
B. (1) The appraiser’s appraisal result should be respected to the extent that the appraisal method, etc. is not against the rule of experience or unreasonable (see, e.g., Supreme Court Decision 2004Da70420, 70437, Feb. 22, 2007). In addition, even in a case where a part of the appraiser’s appraisal result is erroneous, the court does not reject the entire appraisal result, unless the appraisal result is contradictory to each other or very unclear as a whole, as long as the appraisal result of the appraisal result of the appraiser’s appraisal is not contradictory to each other, and only part of the appraisal result of the remaining parts can be excluded, and the appraisal result of
(B) The Supreme Court Decision 2009Da84608, 84608, 84615, 84622, 84639 Decided January 12, 2012). (B) The court may determine a reasonable amount of damages by taking into account the overall purport of pleadings and all the circumstances recognized as the result of the examination of evidence, where it is recognized that the damage was incurred in a lawsuit seeking compensation for damages due to a tort, but it is extremely difficult to prove the specific amount of damage in light of the
Article 202 of the Civil Procedure Act.