beta
(영문) 광주지방법원 2018.11.14 2018나52524

손해배상금

Text

1. The part against Defendant B among the judgment of the first instance is revoked, and the plaintiff's claim corresponding to the revoked part is filed.

Reasons

1. Basic facts

A. At around 21:00 on July 28, 2015, Defendant B driven a F vehicle owned by Defendant E, the father of Defendant B (hereinafter “Defendant vehicle”) in front of the Dgymnasium located in C, and brought to the left-hand left-hand turn, Defendant B, who was in progress at the vicinity of the G vehicle operated by Defendant B (hereinafter “Plaintiff vehicle”), was shocked by the front-hand part of the left-hand part of the vehicle in operation, following the right-hand part of the Defendant vehicle.

(hereinafter “instant accident”). (b)

After the instant accident, the Plaintiff leased and returned the leased vehicle from Henek to August 24, 2015, and the Defendant’s automobile insurance that concluded the comprehensive automobile insurance contract with the Defendant Company paid the lease cost to Henek on November 6, 2015.

C. The Plaintiff’s vehicle was repaired at the Net tent Maintenance Business Center, and the Plaintiff purchased new vehicles on September 1, 2015 while operating the Plaintiff’s vehicle after repair, and on July 18, 2016, sold the Plaintiff’s vehicle to KRW 12,727,272.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1, 6, 7, 9, 10, 11, 12 through 15, 18, 22, 23, Eul's 1 to 3, Eul's 2 through 5, and the purport of the whole pleadings, and the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The Plaintiff’s claim against Defendant B caused serious damage to the Plaintiff’s vehicle due to the instant accident, such as destruction of the main structural frame. As a result, the Plaintiff was liable to pay the Plaintiff the above monetary amount, and Defendant B is obligated to pay the Plaintiff the said monetary amount. (2) In the event of an accident causing serious damage to the Plaintiff, such as destruction of the main structural frame of the Plaintiff’s vehicle, barring any special circumstance, it would be consistent with the empirical rule to deem that there exists any impossible repair part, even if the repair was completed technically possible, barring any special circumstance. Accordingly, the damage caused by the decline in the price of the automobile would normally be attributable to ordinary damages.