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(영문) 서울중앙지방법원 2018.10.19 2017나90713
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the following modifications or additions. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 80% "80%" in the 3rd judgment of the first instance court shall be raised to "90%".

Part 3 of the 14th judgment of the first instance court "A. Vehicle Damage 8,190,169 won" shall be added to "12,422,881 won".

Part 7 through 17 of the 5th judgment of the first instance court shall be followed as follows.

As the plaintiff seeks, the value of the plaintiff's vehicle shall be less than 12,422,881 won as the price of the appraiser H's market price is less than 12,422,881 won. Meanwhile, in the event of impossibility of repair, the amount calculated by deducting the scrap metal price of the relevant vehicle from the exchange price is the amount of damages. According to the results of the fact inquiry as to the fact-finding letter for the car scrapping letter, in the case of scrapping of the plaintiff's vehicle, it can be recognized that the scrap metal price is 187,60 won. Thus, the exchange price of the plaintiff's vehicle is 12,235,280 won after deducting 187,60 won from 12,422,81 won.

paragraphs (e) through (e)

this subsection shall be filled by the following:

B. The Plaintiff asserts that customs duties, individual consumption tax, education tax, and value-added tax shall be included in the scope of compensation for damages of KRW 2,965,314 offset by the Plaintiff’s negligence in KRW 3,294,794, which shall be paid when purchasing a vehicle. However, according to the result of the fact-finding on the M service center by the court of the first instance, the same type of vehicle as the Plaintiff had already ceased to manufacture and import the same vehicle in a foreign country is very difficult or unlikely, and even if the vehicle is imported by purchasing the same kind of vehicle, the amount of compensation for damages shall be reduced if the automobile is damaged to the extent of scrapping due to the Plaintiff’s tort.

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