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(영문) 서울중앙지방법원 2020.06.18 2019나35963
손해배상(자)
Text

1. The part concerning Plaintiff B in the judgment of the first instance, including the Plaintiff’s claim that was changed in the trial court, is as follows.

Reasons

1. Basic facts

A. The Plaintiffs are owners of automobiles indicated as “automobile column” on the following table (hereinafter referred to as “each of the instant vehicles,” and when specifying individual vehicles, they are identified by the same method as “accident column” according to the sequence thereof, and each of the instant vehicles that suffered damage on July 27, 2017 due to each traffic accident listed as “accident column” as indicated below (hereinafter “each of the instant accidents”). The content of the fault ratio of the owner’s automobile accident registration number 1 ADE300 on the date and time of the initial registration date of the vehicle’s name on August 24, 2015 (hereinafter “each of the instant accidents”), and each of the instant vehicles that suffered damage from the vehicle lessee’s contact with the damaged vehicle on July 27, 2016.

B. The Defendant paid insurance money for the damage of each of the instant vehicles to the Plaintiffs with the insurer who entered into a comprehensive automobile insurance contract with respect to each of the instant vehicles.

C. Insurance money paid by the Defendant to the Plaintiffs includes KRW 1,320,000 of the price decline damages of the instant one vehicle, but does not include the price decline damages of the instant two vehicles.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Due to the respective accidents of this case alleged by the plaintiffs, each of the instant vehicles suffered serious damage, such as major structural damage, etc., and thus, it became impossible to repair the instant vehicle, which could not be restored to its original state, even after completion of technically possible repair. Accordingly, the damage caused by the decline in the prices of the instant vehicles (hereinafter referred to as “accident damage”).

Therefore, the Defendant, who is the insurer of the household vehicle, shall pay to the Plaintiff A the amount of KRW 5,480,000 (=amount of KRW 6,800,000) and KRW 1,320,000,000 for each of the instant vehicles, respectively.

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