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(영문) 서울중앙지방법원 2019.05.16 2018가단5091649
손해배상(기)
Text

1. The Defendant: (a) from July 19, 2017 to the Plaintiff Company B, and KRW 1,736,000 to the Plaintiff Company, as well as KRW 1,736,00.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of damaged vehicles who suffered the same accident as stated in the details of each accident at the time of the occurrence of each accident as stated in the separate sheet No. 1 (hereinafter “instant accident”). The Defendant is the insurer who is liable to compensate for the physical damage of the Plaintiffs’ vehicles by entering into an insurance contract with the vehicle in the year of the instant accident.

B. Due to the instant accident, the vehicles of the Plaintiffs were destroyed by their major structural frames, such as a set panel, set-line, set-line, and fish panel.

C. According to the court appraiser H’s appraisal result, the plaintiffs’ vehicle still remains in the part where it is impossible to repair even after repair, and the damage was caused by the decline in value as per each amount indicated in the annexed inquiry reply column for the second inquiry.

On February 28, 2018, the Defendant paid KRW 724,000 to Plaintiff B for value decline damage.

[Ground of recognition] A without dispute, each entry of Gap evidence 1 through 4 (including each number in the case of additional number), the appraiser H’s appraisal result, the fact inquiry result of this court’s appraiser H, the purport of the whole pleadings

2. The plaintiffs' alleged vehicles caused the accident of this case to be damaged to the extent that it is necessary to purchase and take a studio on the main structural frame of the body. Accordingly, the plaintiffs suffered the loss of value decline (the decline in the studio higher market price) due to the repair cost paid by the defendant.

Therefore, the defendant is liable to pay the plaintiffs the value decline damages and damages for delay according to the appraisal result of this case as the insurer of the household.

3. Determination

A. When an article is damaged due to a tort in relevant legal doctrine 1, the amount of ordinary damages shall be the cost of repair if it is possible to repair it, the value of exchange if it is impossible to repair it, and the value of exchange due to impossibility of repair in addition to the cost of repair if there remain remaining parts that cannot repair it after repair.

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