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(영문) 부산지방법원 2021.01.15 2020나48901
손해배상(자)
Text

1. Of the judgment of the first instance court, the part against the plaintiff ordering payment shall be revoked.

The defendant shall make the plaintiff 4,120.

Reasons

1. On May 19, 2017, on November 3, 2019, the details of the first registered traffic accident at the time of the accident on the basic vehicle: BMW 320d on the date of the first registration; and

A. The Plaintiff is the owner of a vehicle indicated below at the time of the traffic accident listed below (hereinafter “the instant accident”), and the Defendant is the insurer who entered into an automobile insurance contract with respect to the instant sea vehicle which caused the instant accident.

B. At the time of the instant accident, the odometer, repair cost, repair volume, and details of the Plaintiff’s vehicle are as indicated below, and the Defendant paid the Plaintiff the repair cost in full.

The parts and particulars of the repair cost of odometer 35,597km 14,850,000 are destroyed to the right side of the Plaintiff’s vehicle, and thus, the exchange of Liend Panel, Liar Sheet, Dom Sheet Sheet Sheet Sheet Sheet Sheet / [applicable grounds for recognition] did not dispute, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1, 2, and 5, the result of the request to appraiser C by this Court for appraisal, the purport of the entire pleadings, as a result of the request

2. Occurrence of liability to pay insurance proceeds;

A. The Plaintiff’s assertion 1) As a result of the instant accident, the main structural part of the Plaintiff’s vehicle was destroyed by the Plaintiff’s major structural part, etc., resulting in an impossible price decline, the Defendant is obligated to pay the Plaintiff the damages therefrom as insurance money.

2) The summary of the Defendant’s assertion that the part caused by the instant accident was completely repaired, and thus, the Plaintiff’s vehicle was restored to its original state immediately before the occurrence of the accident, and the Plaintiff’s vehicle cannot be recognized as price decline damage in light of the degree and history of the accident.

B. (1) In the event of an accident causing serious damage to the main structural part of a motor vehicle due to damage, etc. to its main structural part, barring any special circumstance, even if the technically feasible repair has been completed, the repair impossible parts to be restored to its original state remain.

It is consistent with the rule of experience and vice versa.

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