손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 27, 2014, at around 06:10 on May 27, 2014, the Plaintiff sustained an accident by driving a B-owned vehicle (hereinafter “Plaintiff”) and following the Defendant’s insured vehicle in the area near the Seoul F-dong Seoul F-gu, Sungnam-si.
(hereinafter “instant accident”). (b)
Due to the instant accident, the Plaintiff’s vehicle was repaired by the exchange of rierer, tamper, riglass, riglass, riglass, riglass, etc. or by riglass and riglass.
C. On May 27, 2015, the Defendant’s succeeding intervenor acquired all status and business status of the Defendant from the Defendant under all insurance contracts, and the written application for participation in succession, stating the fact of acquisition, was served on the Plaintiff on August 10, 2015.
[Grounds for recognition] Gap evidence Nos. 9-1 to 3, the purport of the whole pleadings
2. The assertion and judgment
A. Even after the repair of the Plaintiff’s vehicle, the Plaintiff’s assertion that the vehicle value decline due to the instant accident occurred even after the repair of the Plaintiff’s vehicle, and there exist obstacles to the function and aesthetic view, which make it impossible to restore the Plaintiff’s vehicle to the original state, constitutes damage. Moreover, even after the repair was completed, the seal strength, aviation uniform, longitude, intensity, fireproof intensity, and the function of protecting passengers was deteriorated, etc. In addition, these functional obstacles constitute “unrepairable parts.” In particular, in the Defendant’s terms and conditions, where the age of the vehicle is less than two years at the time of the accident and the cost of repair exceeds 20% of the vehicle tax, the said standard amount should be compensated by 15% of the repair cost per year for the vehicle age. Considering that the said standard amount should be considered as ordinary damage or special damage to the value decline, the Plaintiff’s claim for reimbursement of KRW 864,794, which is an amount equivalent to 15% of the repair cost of the Plaintiff’s vehicle.
B. The amount of damages when the property owned by the tort is damaged shall be the cost of repair if it is possible to repair it.