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(영문) 서울중앙지방법원 2019.09.19 2018나82245
손해배상(자)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of a C low-priced vehicle (hereinafter “victim”).

B. On September 17, 2017, the Plaintiff suffered damage (hereinafter “instant accident”) caused by a car-to-land drilling accident that occurred by a F-to-land bus located near Gangnam-gu Seoul (Ecar) (hereinafter “AV”) and its owned vehicle was damaged (hereinafter “the instant accident”).

C. The Defendant is a mutual aid business entity that has entered into a mutual aid agreement for a sea-going vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff was liable to compensate the Plaintiff for the damages corresponding to the decrease in the value of the remaining exchange even after the repair of the damaged vehicle, since the Plaintiff suffered significant damage to the damaged vehicle due to the instant accident, and the remaining parts remain even after completion of the repair of the damaged vehicle. The Defendant asserted to the effect that the Defendant cannot be deemed to have suffered significant damage due to the instant accident, and that the method of evaluating the decreased value of the damaged vehicle is unreasonable, thereby making it impossible to recognize the amount of damages claimed by the Plaintiff.

3. Occurrence of liability for damages;

(a) When goods are damaged due to a tort, the amount of ordinary damages shall be the repairing cost, if possible, and the exchange value shall be the amount reduced if it is impossible to repair them;

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 causes serious damage to the main structural frame of the engine or body due to an accident, the motor vehicle suffers serious damage.

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