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(영문) 수원지방법원 2018.06.21 2017나78247
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Plaintiff’s low-priced vehicle B (hereinafter “Plaintiff’s vehicle”).

Plaintiff

On May 1, 2016, while the vehicle was operated in Gyeonggi-gun C, it was shocked on the Defendant’s insured vehicle that affected the central line (hereinafter “Defendant’s vehicle”).

(hereinafter “instant accident”). (b)

Due to the accident of this case, the Apyer Board, Bhlerg Board, Clateral Panel, Glateral Panel, Liberger, post-ligres, post-ligres, post-ligres, ligres, fishing, etc. of the Plaintiff vehicle were damaged.

From May 2, 2016 to May 12, 2016, the Plaintiff was repaired in such a way as exchanging Plaintiff’s post-convenor, post-convenor, rithr, rithr, rithr, rithr, tathr, tathr, tathr, etc., and selling back the post-convenor Assy, Centerrassy, etc.

On May 26, 2016, the Defendant paid KRW 5,348,522 insurance money to the Plaintiff with automobile repair costs, etc.

[Ground of recognition] Facts without dispute, entries or videos of Gap's evidence 1 to 6, the purport of the whole pleadings

2. The assertion and judgment

(a) In the event that an article is damaged due to a tort committed by one of the parties liable for damages, the amount of ordinary damages shall be the cost of repair if it is possible to repair the article, the amount of exchange value if it is impossible to repair the article, and the amount of exchange value reduced due to impossibility of repair, in addition to the cost of repair, shall also be the normal

In addition, in the event that an automobile causes serious damage to the engine or body main structural part of the engine or body due to an accident, it is difficult to view that the automobile was completely completely restored even if it has completed functional or technical restoration for the operation of the engine or body by repairing it.

Therefore, in the event of an accident that causes serious damage to the main structural part of a motor vehicle due to damage to the main structural part of the motor vehicle, even if it is technically possible.

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