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(영문) 춘천지방법원강릉지원 2019.01.29 2018나30389
손해배상(기)
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. Basic facts

A. The Plaintiff is a co-owner with a share of 99% of C-Woo car (hereinafter “instant car”), and the Defendant is an insurance company that entered into an automobile insurance contract, including a car liability insurance contract with the owner of Dstunta car (hereinafter “foreign car”).

B. On October 13, 2017, the Plaintiff driven the instant car on and around 18:20, and followed the instant traffic accident in front of the F Hospital located in Gangnam-si, where Nonparty 1 was exposed to the traffic accident (hereinafter “instant traffic accident”) where Nonparty 2 was faced by the rear side of the instant car, by shocking the rear side of the instant vehicle, while driving the instant car from the front of the F Hospital located in Gangnam-si E.

C. Due to the instant traffic accident, the Plaintiff suffered damage due to the damage caused by the back penter, back penter, back wheeler, and ridges, etc. of the instant vehicle.

The Defendant paid the Plaintiff the liability insurance amount of KRW 16,676,00,00 in total, such as repair cost, loan cost, towing cost, and transportation cost.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 5, Eul evidence 1, the purport of the whole pleadings

2. Summary of the parties' arguments

A. Since the value of the Plaintiff’s vehicle was reduced due to the instant traffic accident, the Defendant, the insurer of the instant passenger vehicle, is liable to compensate the Plaintiff for damages of KRW 7,010,000 due to the decline in exchange value.

The Plaintiff withdrawn the claim for damages equivalent to KRW 330,00 for the appraisal of the market drop amount through the claim claim and the application for modification of the cause of the claim on November 16, 2018.

B. According to the terms and conditions of the Defendant’s comprehensive automobile insurance contract, the damages caused by the reduction of the automobile exchange value are determined to be paid only to the vehicle for which two years have not passed since the release of the damages.

However, as at the time of the instant traffic accident, the instant car was in a state where two years have elapsed since its release, the Defendant is liable to compensate for damages caused by the decline in the market price of the said car.

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