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(영문) 서울중앙지방법원 2020.05.27 2019나59136
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. Cbenz E250 (hereinafter “Plaintiff”) owned 50% shares and 50% shares of 50% shares of the Plaintiff’s birth, but D transferred the damage claim of this case to the Plaintiff on December 9, 2018, and the Plaintiff, who was delegated with the right to notify the transfer, notified the Defendant of the fact of transferring the claim through the delivery of a duplicate of the instant complaint.

B. The Defendant is an insurer who entered into an automobile insurance contract with respect to a sea-going vehicle that caused the instant accident.

C. The date of the registration, the date of the accident, and the details of the accident are as listed below.

Plaintiff

On January 14, 2018, 2018, October 6, 2018, the back portion of the Plaintiff’s vehicle is shocked by Cbenz E250 of the first registered accident on the date of the first registration of the vehicle.

D. The Plaintiff’s vehicle was destroyed by the instant accident, and the odometer, repair details, etc. at the time of the accident are as listed below.

As a result of the appraisal of the standard repair cost and the details thereof at the time of the odometer accident, the major framework of KRW 59,507km 38,483,690,000 in the market price reduction: 13,568,478: Lane (exchange), set-off panel (on exchange), set-off panel (on a board), set-off panel (on a board), set-off panel (on a board): 2,710,000 won: 1,890,000 won in total: 4,60,000 won (based on recognition) in the absence of dispute; 1 through 4,60,00 won in the absence of dispute; 6,70 won in the evidence verification; the results of the appraisal commission to appraiser E by the court of first instance; and the purport of the whole pleadings; the results of the fact inquiry;

2. Determination

A. In the event of an accident that causes serious damage to the main structural part of a motor vehicle due to the destruction of the main structural part of the relevant legal doctrine, barring any special circumstance, deeming that even if the repair is technically feasible, the repair impossible parts remain, barring any special circumstance, should be in accord with the empirical rule to deem that the said parts remain. The damage resulting from the decline in the price of the motor vehicle falls

In this case, it is an accident that causes serious damage to the degree of potential disability.

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