(영문) 수원지방법원 2017.10.18 2017나52788

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(영문) 수원지방법원 2017.10.18 2017나52788

손해배상(자)

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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. Facts of recognition;

A. The Plaintiff is the owner of the B K5 vehicle (hereinafter “Plaintiff”), and the Defendant’s insured vehicle was damaged by the Defendant’s shocking side of the Plaintiff’s left side of the Plaintiff’s vehicle in the Sisong-dong, Sisong-dong, Sungnam-dong, Sisong-dong, Sisong-dong, on February 2, 2016.

B. The Defendant paid the Plaintiff the insurance proceeds for the foregoing accident, and the part corresponding to the automobile repair cost is KRW 14,158,010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s purport of the Plaintiff’s assertion asserts that, due to the foregoing accident, the damage not restored to the state before the accident remains even after the repair of the Plaintiff’s vehicle, the Plaintiff sought payment of ① KRW 7 million for the damage caused by the decline in value, ② KRW 300,00 for the assessment of the said damage, ③ the damage incurred by the use of annual leave for dealing with the instant accident, ④ KRW 109,00 for the instant litigation cost, ④ KRW 8 million for the total amount, and delay damages.

(b) Part 1 of the loss due to the reduction of exchange value, the amount of ordinary loss when an article is damaged due to a tort, if possible, the amount of the repair cost, if the repair is impossible, and the amount of exchange value when the repair is impossible, and the amount of decrease in exchange value due to the impossibility of repair in addition to the repair cost, if there remain remaining parts that cannot be partially repaired even after the repair.

In addition, in the event of an accident that causes serious damage to the main structural part of a motor vehicle due to the destruction of the main structural part of the motor vehicle, it would be in accordance with the rule of experience to regard the repair impossible parts, even if they are technically feasible, as long as there are no special circumstances, to the effect that there exists no repair impossible parts, and thereby, the damage caused by the decline in the

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