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(영문) 서울중앙지방법원 2018.07.27 2017나80303
손해배상(자)
Text

1. Of the judgment of the first instance court, KRW 1,404,106 against the Plaintiff and its related thereto, from September 6, 2017 to July 27, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who entered into an automobile insurance contract with the Defendant’s vehicle C (hereinafter “Defendant’s vehicle”).

B. Around 03:40 on July 15, 2017, the Defendant’s driver driven the Defendant’s vehicle and driven the front side road of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government D into the seat of the Seocho Recycling Center from the Seocho-gu 19-ro, Seocho-gu. On the left side of the Plaintiff’s vehicle parked in the resident priority parking zone of the said road, the Defendant’s driver left the scene without taking any particular measure despite causing an accident that conflicts between the shape and the rear part on the right side of the Defendant vehicle (hereinafter “instant accident”).

C. Due to the instant accident, the Plaintiff’s vehicle was repaired on the left-hand side of the front part, such as the exchange of flag fences on the front part, the exchange of flags on the side part, the cutting, melting and exchange of flags on the left-hand side of the back part, and the Liba panel gold and folding, and the standard repair cost was calculated in KRW 7,095,642 at its standard repair cost.

The Defendant paid 698,820 won to the Plaintiff for damages caused by the instant accident.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 3 through 9 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the exchange value of the Plaintiff’s vehicle decreased to KRW 3,857,160 due to the instant accident, and the Defendant, the insurer of the Defendant’s vehicle, is obligated to pay KRW 3,488,340,00 calculated by deducting KRW 698,820 from the Defendant’s cost of issuing the assessment statement for the decline in the value of the Plaintiff’s vehicle and KRW 330,187,160 from the cost of issuing the assessment statement for the decline in the value of the Plaintiff’s vehicle.

B. The Defendant’s assertion that the Plaintiff’s vehicle was not at all a direct damage to the engine, etc., which is a major function device, can be restored to its original state before the accident due to traffic accidents.

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