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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Summary of the plaintiffs' assertion
A. The primary plaintiffs are the owners of the motor vehicles indicated in the “victim” column in the annexed sheet No. 2, and each “accident site” indicated in the same table, and the motor vehicle was repaired by being damaged by the motor vehicle as in the “accident site” indicated in the same table.
However, even after repair, the Plaintiffs’ automobiles existed in an irrecoverable part, such as the reduction of the period of use, function, and aesthetic impairment, and thereby, irreparable damages such as decline in exchange value (hereinafter “exploit damage”).
Such scams damage is an ordinary or foreseeable special damage caused by a traffic accident, and the plaintiffs also suffered losses that pay appraisal costs separately in order to calculate the amount of scams damage.
The Defendant is an insurance company liable for compensating for the damages suffered by each Plaintiffs due to each automobile accident, and is obligated to pay each Plaintiffs the aggregate amount of damages and appraisal costs listed in attached Form 2.
B. Preliminary Defendant’s assertion, in accordance with the terms and conditions of automobile insurance, where the repair cost exceeds 20% compared to the value of an automobile immediately preceding the accident, for an automobile for which one year or less after the release of the accident is 15%, and 10% of the repair cost for an automobile for which one year or more is 2 years or less, is recognized as automobile price decline damage. Thus, the amount corresponding to the standard for market price decline damage which is recognized by the terms and conditions of the automobile insurance at least shall be paid to the Plaintiffs (the Plaintiffs, 1, 2, 8, 10, 20, 20, 24, 28, 29, and 30) as ordinary or special damage for value decline.
2. Judgment on the main argument
A. The amount of damages when an article was damaged due to a tort regarding claims for depreciation damage shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value of exchange shall be the ordinary amount of damages.