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(영문) 서울중앙지방법원 2020.05.27 2019나60068
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiffs are owners of automobiles indicated as “automobile column” on the following list (hereinafter referred to as “each of the instant vehicles,” and when specifying individual vehicles, they are identified by the same method as “accident column” in accordance with the sequence thereof, and each of the instant vehicles damaged on August 24, 2018 by the damaged vehicles by 10% of the fault ratio of the owner on the date and time of initial registration of the registration number of the vehicle owner’s automobile accident as indicated as “accident column” (hereinafter “each of the instant accidents”) on the first date of the registration date of the vehicle owner’s automobile accident as indicated below (hereinafter “each of the instant accidents”).

B. The Defendant, as an insurer who entered into a comprehensive automobile insurance contract with respect to each of the instant accidents, paid the Plaintiff B and C insurance proceeds for the damage of the instant 2 and 3 vehicles.

(However, the plaintiffs paid only the remainder of the damages except for the decline in the prices of automobiles claimed by the plaintiffs). [Grounds for recognition] The fact that there is no dispute, each entry of Gap Nos. 1 through 5 (including numbers, hereinafter the same shall apply) and the purport of the whole pleadings.

2. The assertion and judgment

A. Due to the respective accidents of this case alleged by the plaintiffs, each of the instant vehicles has suffered significant damage, such as destruction of major structural parts, and thus, it became impossible to repair the instant vehicle without restoration to its original state even after completion of its repair technically possible. As a result, the damages incurred by the decline in the prices of the instant vehicle (hereinafter referred to as “eficial damage”). Accordingly, the Defendant, the insurer of the instant vehicle, is obligated to pay the Plaintiff KRW 1,287,580 (excluding the amount already paid KRW 52,420), KRW 2,570,00, and KRW 1,700,000 to the Plaintiff, respectively, as compensation for the eficial damage of each of the instant vehicles.

(b)exchange value decline;

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