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(영문) 서울중앙지방법원 2020.07.08 2019나60082
손해배상(기)
Text

1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Basic facts

A. The Plaintiff is the owner of a passenger car indicated in the column of “automobile” as indicated below (hereinafter “instant vehicle”), and is a person who suffered damage of the instant vehicle due to a traffic accident indicated in the column of “accident” as indicated below.

(2) On March 16, 2018, May 21, 2018, Plaintiff DE300 4Matic 4Matic 21, 2018, on May 16, 2018, the Plaintiff’s registration number of the car accident, the date, time, place, and place of the initial registration date of the car accident, and Plaintiff’s 100% of the instant vehicle in front, which is being broomed in the middle of the Cambridge, Seoyang-gu, Chungcheongnam-gu, Chungcheongnamcheon-do.

B. The Defendant paid the Plaintiff insurance money for the loss of the instant vehicle as the insurer who entered into a comprehensive automobile insurance contract with respect to the instant vehicle for the instant accident. The said insurance money includes KRW 2,89,500 in the name of the damage caused by the decline in the market price of the instant vehicle calculated in accordance with the Defendant’s automobile insurance clause.

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

2. The assertion and judgment

A. Due to the Plaintiff’s assertion, the instant vehicle suffered serious damage, such as major structural damage, etc., and thereby, became impossible to repair the instant vehicle, even if it was technically possible to repair the instant vehicle, and thereby, caused damage to the price decline of the vehicle (so-called “satisfe damage”), and the amount of said damage reaches KRW 8,500,000.

Therefore, the Defendant, who is the insurer of the vehicle of this case, is obliged to pay the Plaintiff the remainder of 5,60,500 won (=8,500,000 - 2,899,500 won), excluding the amount of paid KRW 2,89,500,000, as compensation for the decline damage of the vehicle of this case.

(b) When an article is damaged due to one tort caused by a decline in the exchange value, the amount of ordinary damages shall be the cost of repair if it is possible to repair it, and when it is impossible to repair it, the amount of value of exchange shall be reduced and repaired;

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