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(영문) 인천지방법원 2017.09.26 2017나53906
보험금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is the owner of A Eccuss Vehicle (hereinafter “instant damaged vehicle”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the instant damaged vehicle and C vehicles owned by C (hereinafter “instant damaged vehicle”).

B. B, around 18:35 on March 30, 2014, driving the instant Maritime Vehicle and making a left turn to the left at the third-lane of the shooting distance intersection in the upper East East East-dong Middle School in Seocheon-gu, Seocheon-si, Seocheon-si, and it conflicts with the instant damaged vehicle that was going to the right turn directly from the same direction.

(hereinafter referred to as “instant accident”). [Ground of recognition] A without dispute, entry of evidence No. 6, and purport of the whole pleadings.

2. The Plaintiff’s assertion that the instant damaged vehicle was unable to restore the vehicle to its original state even after two repairs, resulting in such damages, and thus, the Defendant is liable to pay KRW 20,000,000 to the Plaintiff as the insurer of the instant damaged vehicle, who is the insurer of the instant damaged vehicle, as the insurer of the instant damaged vehicle, as the owner of the instant damaged vehicle.

3. Determination

A. When an article was damaged due to a tort, the amount of ordinary damages shall be the cost of repair if it is possible to repair it, the amount of exchange value if it is impossible to repair it, and the amount of decrease in exchange value due to impossibility of repair shall also be the amount of decrease in repair if it remains after repair.

(See Supreme Court Decision 91Da28719 delivered on February 11, 1992, and Supreme Court Decision 2001Da52889 delivered on November 13, 2001). Meanwhile, in a case where a motor vehicle causes serious damage to the main structural parts, etc. of the engine or body due to an accident, it shall be repaired and completed functional and technical restoration for the operation of the engine or body, even if it is complete.

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