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(영문) 의정부지방법원 2016.10.27 2016나2018
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The premise is that the Plaintiff is the owner of BK5 vehicle (type 2014, odometer 15,000 km per annum, approximately 15,00 km, hereinafter “Plaintiff”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with the driver of the vehicle in Ghana.

On February 22, 2015, the Plaintiff, while driving the Plaintiff’s vehicle from the new celebian distance in the ancient city, Kimpo-si, Kimpo-si, Kimpo-si, was an accident where the Plaintiff was faced with a shocking of the rear string of the Plaintiff’s vehicle waiting under red signals (hereinafter “instant accident”).

The Plaintiff repaired the Plaintiff’s vehicle damaged by the instant accident in the Collaborative Car Industry, and the said repair company dismantled and cut the front side of the Plaintiff’s vehicle, exchanged between the string, the Liber, and the joint floor floor panel, etc. as new parts, provided the string of the string, the string of the string, the string of the string and the string of the string of the string and the string of the string and the string of the string.

The Defendant paid the repair cost of KRW 46,90 value-added tax of KRW 516,850 - KRW 6,910 - KRW 181,010 for DC offset amounting to KRW 181,01,010,000 for the transport cost of KRW 159,960 for the parts of KRW 828,880 for the correction of Doratan 159,960 for the above repair business.

[Ground of recognition] Gap evidence Nos. 1 through 4, Eul evidence Nos. 2 (including each number, if any), the result of the commission of appraisal to C by the court of first instance, the fact inquiry to C by this court, the purport of the whole pleadings

2. Although the Plaintiff’s alleged vehicle was repaired due to the instant accident, it became impossible to repair the Plaintiff’s vehicle in the entirety of the accident due to the Plaintiff’s partial cutting, melting, and printing operations, etc. of the vehicle involved in the repair process.

Therefore, the Defendant is obligated to pay the Plaintiff damages KRW 3,118,690 (i.e., the exchange value reduction of KRW 2,843,690 for the issuance cost of the vehicle appraisal report of KRW 275,00) and damages for delay.

3. The cause of the action.

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