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(영문) 서울중앙지방법원 2021.01.13 2020나50340
손해배상(기)
Text

1. Of the part against the plaintiff in the judgment of the court of first instance, the part against the plaintiff who falls under any of the following amount ordered to pay.

Reasons

1. Basic facts

A. The Plaintiff, as the owner of a passenger vehicle listed in the column of the following table, suffered damages caused by its owned motor vehicle damage due to a traffic accident listed in the following table:

On April 19, 2019, 207, 220% of the front road D in Gwangju City, 11:35, December 20, 2019, while the vehicle has changed from two lanes to three lanes, the following parts of the Plaintiff’s vehicle was shocked at the front side of the steering line of the Plaintiff’s vehicle while the vehicle was changed from three lanes in the front side of the previous one, while the vehicle was changed from three lanes to three lanes at the time and place of the initial registration of the vehicle owner’s registration number at the time of the accident (hereinafter “Plaintiff’s vehicle”), and then, the Plaintiff’s vehicle was replaced by the front side of the Plaintiff’s vehicle (hereinafter “the accident in this case”).

B. The Defendant paid 936,000 won to the Plaintiff as a mutual aid contractor who entered into a mutual aid agreement on the Affected Vehicle, due to the instant accident, and paid 936,000 won to the Plaintiff’s automobile’s market price decline.

[Ground for recognition] Unsatisfy, each entry of Gap evidence Nos. 1 through 6 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred, resulting in a serious damage to the Plaintiff’s main structural part and the main outer part of the Plaintiff’s automobile, which was technically feasible, making it impossible to repair the Plaintiff’s vehicle to restore to its original state, and thereby, caused the Plaintiff’s damage to the Plaintiff’s price decline (hereinafter “accident damage”).

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 1,614,00 (=the amount of KRW 2,550,000 for shooting damage - the amount of KRW 936,000) and the amount of delayed damages.

(b) liability 1) In the event that an article was damaged due to a tort caused by an exchange value decline, the amount of ordinary damages shall be the repairing cost, if possible;

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