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(영문) 서울중앙지방법원 2019.10.29 2018가단5150920
손해배상(기)
Text

1. The defendant,

A. From January 26, 2018, Plaintiff A’s KRW 5,440,00 and its related thereto:

B. Plaintiff B is KRW 2,934,000 and also KRW 2,934,00.

Reasons

1. Facts of recognition;

A. The Plaintiffs, as the owners of each motor vehicle indicated in the separate sheet of accident, destroyed their vehicles due to each traffic accident by the Defendant insured vehicle (the “accident date and time” as indicated in the separate sheet of accident specifications; hereinafter “each of the instant traffic accidents”), which is the owner of each motor vehicles indicated in the separate sheet of accident specifications, due to their respective traffic accidents by the Defendant insured vehicle (the “accident date and time” indicated in the separate sheet of accident specifications;

B. The Defendant, as an insurer who entered into a comprehensive automobile insurance contract with the owner of the foregoing wing vehicle, paid insurance proceeds for the damage of the damaged vehicle.

C. In addition, the Defendant paid KRW 675,000 to Plaintiff B on May 29, 2018 according to the automobile insurance clause.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, 8, 2-3, 8, 3-3, 8, and 6-3, 8, and 6, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. When an article is damaged by a tort due to the relevant legal doctrine, the amount of ordinary damages would be the cost of repair if it is possible to repair it, and the exchange value when it is impossible to repair it.

Where part of repair is not possible even after repair remains, the reduced value of exchange due to the impossibility of repair in addition to the repair cost falls under ordinary damages.

(See Supreme Court Decision 91Da28719 delivered on February 11, 1992, and Supreme Court Decision 2001Da52889 delivered on November 13, 2001). However, in a case where a motor vehicle caused serious damage to the main structural frame of the engine or body due to an accident, barring any special circumstance, it would accord with the empirical rule that, even if the motor vehicle was technically feasible repairs, it would be deemed that there exists any impossible part to restore the motor vehicle to its original state, barring any special circumstance. Accordingly, the damage resulting from the decline in the price of the motor vehicle constitutes ordinary damages.

Whether it constitutes an accident with serious damage to such degree is the background and degree of the accident, the depth and seriousness of the damage, and the repair method.

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