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(영문) 수원지방법원 2017.08.09 2017나54067
손해배상(기)
Text

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 QM5 vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to D vehicles owned by C (hereinafter “Defendant vehicle”).

B. On June 7, 2014, the Defendant’s vehicle shocked the Plaintiff’s vehicle, which was operating from the main unit of Young-gu, Suwon-si to a single-lane, and destroyed the Plaintiff’s right-hand clater, flater, flater, left-hand clater, and right-flicker, etc.

(hereinafter referred to as “instant accident”). C.

The Defendant paid insurance money to the Plaintiff regarding the instant accident, and the part corresponding to the automobile repair cost is KRW 8,513,656.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 5, the purport of the whole pleadings

2. In determining the cause of the claim, the Plaintiff seeks payment of KRW 2,917,085 to the Defendant, asserting that the Plaintiff’s vehicle remains unrefilled damage even after the completion of repair due to the instant accident, resulting in a decrease in its exchange value.

The ordinary amount of damages when the goods are damaged due to a murder or tort shall be the repairing cost, if it is possible to repair them, the exchange value shall be reduced if it is impossible to repair them, and the exchange value shall be reduced if parts are remaining after repair, the exchange value shall also be reduced due to the impossibility of repair in addition to the repair cost.

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, deeming that even if the repair is technically feasible, there remain remaining parts of the motor vehicle to be restored to its original state, barring any special circumstances, the damage caused by the decline in the price of the motor vehicle shall be deemed to constitute ordinary damages.

In this case, it is the same.

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