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(영문) 서울남부지방법원 2017.07.07 2016나63208
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a person who was the owner of Benz C200 vehicle (hereinafter “Plaintiff-motor vehicle”), and the Defendant is the following B.

In the accident described in the port, the insurer who entered into a comprehensive automobile insurance contract with respect to the MF5 vehicle (hereinafter referred to as the “Defendant vehicle”) which concealed the back of the Plaintiff vehicle.

B. Around March 27, 2015, the driver of the Defendant vehicle: (a) concealed the rear of the Plaintiff vehicle while driving the fourth line in the Seoul Yangyang Station.

(hereinafter “instant accident”). C.

As a result of the instant accident, the Plaintiff’s vehicle was destroyed by KRW 7,667,00 in total for repair costs, such as exchanging the Liend Panel (White Panel) and the Tweet floor panel.

On April 22, 2015, the Defendant paid the Plaintiff insurance proceeds of KRW 7,667,00 under the pretext of the repair cost for the Plaintiff’s vehicle due to the instant accident, and KRW 766,700 under the pretext of market price decline damage.

E. On April 30, 2015, the Plaintiff: (a) requested the Vehicle Technology Appraisal Center Co., Ltd. to appraise the value decline amount of Plaintiff’s vehicle due to the instant accident; (b) assessed the value decline amount as KRW 3,263,310; and (c) thereafter, on June 24, 2015, sold Plaintiff’s vehicle at KRW 27 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, video, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff's assertion (1) although the market price at the time of the accident in this case was KRW 35 million, the accident in this case sold KRW 27 million and the exchange value of the plaintiff's vehicle decreased by KRW 7.6 million (hereinafter "e.g., "e., loss"), the defendant paid KRW 766,700 as compensation for e.g., loss. The defendant is obligated to pay the plaintiff compensation for e., KRW 683,300 as compensation for e.g., loss (= KRW 7,600,000 - KRW 766,700) and delay damages.

(2) The Defendant’s assertion that the Plaintiff’s vehicle exceeded the age of two years at the time of the instant accident, and thus, the terms and conditions.

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