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(영문) 서울중앙지방법원 2020.06.10 2019나65544
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of automobiles indicated in the column of “automobile” as indicated below (hereinafter “each of the instant vehicles”), and are those who suffered damage to each of the instant vehicles due to traffic accidents indicated in the column of “accident” as indicated below (hereinafter “each of the instant accidents”).

(1) On March 7, 2018, Plaintiff AD high-speed 10% of the fault ratio of the instant vehicle on March 7, 2018, when the owner’s automobile accident registration number was first registered, and Plaintiff B EFCT left the left and left the left at the left-hand lane on April 18, 2011.

B. The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to each of the instant accidents.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 7, 8, Eul evidence Nos. 2 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. Due to the accident in each of the instant claims by the Plaintiffs, each of the instant vehicles has suffered serious damage, such as destruction of major structural parts, and thus, it became impossible to repair the instant vehicle, which was technically possible to restore to its original state. As a result, the damages caused by the fall in the price of the instant vehicle (so-called “satise damage”), so the Defendant, the insurer of the instant vehicle, is obligated to pay the amount claimed to the Plaintiffs as compensation for the fall damage of each of the instant vehicles.

(b) Liability for damages caused by a decline in exchange value (1) In the event that an article is damaged due to a tort, the amount of ordinary damages shall be reduced by repair cost, if it is possible to repair it, or by exchange value if it is impossible to repair it, and in the event that a part of it is impossible to repair it remains after repair, the amount of exchange value reduced due to an impossibility of repair

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