(영문) 서울고등법원 2016.10.27 2016나8727 | 리걸엔진

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(영문) 서울고등법원 2016.10.27 2016나8727

완전물급부 등

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1. The judgment of the court of first instance (excluding the part concerning the claim for damages in lieu of defect repairs finalized by the judgment of the court of first instance) is below.

Reasons

1. The plaintiff subject to the judgment of this court claimed KRW 21,930,500 in lieu of defect repair, and KRW 575,600,00 in compensation amounting to 886,60,000 in compensation amounting to 545,60,000 in compensation amounting to 886,60,000 in compensation amounting to loss of profit during the repair period, or KRW 103,350,000 in compensation amount due to decline in exchange value due to the lapse of the period, and KRW 32,504,90 in compensation amount due to decline in performance due to prolonged neglect.

The trial before remanded only part of the claim for damages in lieu of defect repair, and only the plaintiff appealed.

The Supreme Court dismissed the appeal as to the damages in lieu of defect repair, and reversed the judgment of the court prior to the remanding, and remanded the damages due to the loss of profit during the repair period or the decline in exchange value due to the expiration of the repair period and the damages due to the reduction of performance due to the prolonged neglect

Therefore, the part of damages in lieu of the repair of defects in the plaintiff's claim is finalized, and the object of the trial after the remand is limited to the part of the above reversal and return.

2. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance, and this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The Plaintiff’s assertion did not use the instant passenger vehicle for a period of one year and seven months from the date of the instant accident due to the Defendant’s unfair repair delay. As such, the Defendant is liable to compensate the Plaintiff for damages equivalent to KRW 886,60,000, which is equivalent to the rental fee due to the loss of profit from the use of the instant passenger vehicle (i.e., the rental fee calculated at the rate of KRW 2,600,000 per day from July 23, 2009 to June 28, 2010, which is the date of completion of repair).

In addition, this case's car is an accident on July 22, 2009.

참조조문

-민사소송법 제420조

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