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Reasons
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(영문) 서울동부지방법원 2014.10.15 2013나9255
손해배상(자)
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 17, 2009, B, driving a bus C on the Defendant’s possession on December 10:22, 2009, driving the Olympic Road near Songpa-gu Seoul, along four-lanes near the Olympic Road from the lock-gu room to the 4-lanes, and driving on the same bank from the front bank as the social service (trade name after the change: the social service after the change): E-Wz vehicles (S500L 4 Matic, the first date of registration, September 17, 2007; 54,58 km at the time of the accident; hereinafter “instant vehicle”) operated by the Plaintiff from the front part of the bus above (hereinafter “instant accident”).

B. The Plaintiff repaired the instant vehicle through the Hansung Motor Vehicle Service Center, and the repair cost of KRW 46,250,000 was paid as the automobile insurance money.

C. On August 9, 2010, the Plaintiff transferred to F the right related to the lease of the instant vehicle in KRW 62,200,000.

【Ground of recognition” without any dispute, Gap evidence 1, Gap evidence 2, Eul evidence 3-1 through 7, Gap evidence 4, 5, Gap evidence 8-1, 2, Gap evidence 9, 11, 12, Gap evidence 13-1, 2, Eul evidence 13-2, 6 through 9-9, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the price of the instant vehicle was reduced by KRW 30,345,500 even after repair due to the instant accident, and thus, the Defendant is liable to compensate the Plaintiff for the said damages.

3. Determination

A. The amount of damages when the possession of an article was damaged due to a tort shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the amount of reduced exchange value shall be the ordinary amount of damages. If a part of it is impossible to repair it remains after repair, it shall constitute an amount of reduced exchange value due to impossibility of repair in addition to the cost of repair (see Supreme Court Decision 91Da28719, Feb. 11, 1992).

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