손해배상(자)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. On January 31, 2015, at around 14:29, the Plaintiffs asserted that they had a collision with D vehicles (hereinafter “Defendant”) while driving Ci 40 vehicles owned by them at a point of 100 meters in Seoul-Yung-gu, Seoul-Eup (hereinafter “Plaintiff vehicles”). Even if the Plaintiff’s vehicle was repaired, the Plaintiff’s failure to restore the vehicle to its original state due to the impairment of the period of use, function and aesthetic impairment, etc., and the occurrence of damages equivalent to the decline in the vehicle value. Therefore, the Defendant, the insurer of the Defendant’s vehicle, should compensate the Plaintiffs for damages equivalent to KRW 3,562,650, total appraisal cost of KRW 330,692,650, total appraisal cost of KRW 330,00,650, total appraisal cost of the Plaintiff vehicle.
2. Where goods are damaged by a tort, the amount of ordinary damages shall be determined by the cost of repair if it is possible to repair them; where repair is impossible, the amount of reduced value of exchange if repair is made; and where part of repair is impossible after repair remains, the amount of reduced value of exchange due to impossibility of repair shall also constitute ordinary damages;
(See Supreme Court Decision 91Da28719 delivered on February 11, 1992, and Supreme Court Decision 2001Da52889 delivered on November 13, 2001). In a case where an accident causing serious damage to a motor vehicle’s major structural frame has occurred due to the destruction, etc. of a motor vehicle’s major structural frame, deeming that, even if the repair is technically feasible, there remain remaining parts of the motor vehicle’s price decline as a result, barring any special circumstance, it would be reasonable in light of the empirical rule to deem that there exists another part of the motor vehicle’s impossible to restore to its original state.
In such cases, the reason and degree of the accident, the damaged part and seriousness, the repair method, the annual formula and mileage of the vehicle, and the value of the vehicle at the time of the accident.