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(영문) 서울중앙지방법원 2020.06.24 2020나3313
손해배상(기)
Text

1. Of the part against the plaintiff in the judgment of the court of first instance, the part against the plaintiff who is ordered to pay below.

Reasons

1. On May 14, 2019, at the time of the first registration date of the registration date of the registration date of the car name of the owner of the basic fact-finding car accident, Plaintiff CK7 Passenger Car in the contents of the date, time, and place of the value as at the time of the accident, Plaintiff CK7 Passenger Car in the Republic of Korea, as at the time of the first registration date of the car name of the automobile name of the owner of the basic automobile, the vehicle of the sea is illegal U.S. at the point where the distance of the new e

The automobiles of this case are shocked

A. The Plaintiff is the owner of a motor vehicle recorded in the column of the following table (hereinafter “instant motor vehicle”) who suffered damage to the instant motor vehicle due to a traffic accident entered in the following table (hereinafter “instant accident”).

B. The Defendant is an insurer who concluded an insurance contract for the instant accident-related vehicles.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 in 2, the result of the first instance appraisal, the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion is that the instant accident occurred due to the total negligence of a sea-going vehicle, and the instant automobile caused serious damage, such as the destruction of major structural parts or major external panel, thereby making it impossible to repair the instant automobile, even if it has completed technical repairs, which could not be restored to its original state. The instant accident caused damage to the price decline of the automobile (so-called “satise damage”).

Therefore, the defendant is obliged to pay 2,580,000 won to the plaintiff with compensation for shooting damage.

(b) When an article is damaged due to a tort caused by a decline in exchange value (1) liability for damages, the amount of ordinary damages shall be the cost of repair if it is possible to repair it, and the amount of exchange value reduced if it is impossible to repair it;

Where part of repair is not possible even after repair remains, the exchange value reduction due to the impossibility of repair in addition to the repair cost shall also constitute ordinary damages.

On the other hand, the main structural part of the automobile is damaged.

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