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(영문) 서울중앙지방법원 2020.10.23 2019나67199
손해배상(자)
Text

Of the judgment of the court of first instance, KRW 753,760 against the Plaintiff and its related costs from May 11, 2019 to October 17, 2019.

Reasons

1. On December 29, 2017, the details of the traffic accident on the date and time of the initial registration of the basic vehicle: BMW 320D on the date and time of the accident on the date of the initial registration; and on November 14, 2018, the Maritime Vehicle concealed the back of the Plaintiff’s vehicle; accordingly, 100% of the vehicle’s back on the front of the Plaintiff’s vehicle.

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

The base value of the odometer 14,591km 41,030,000 won 23,583,951 won - Major framework: Embry panel exchange, Tweld floor panel exchange - Outboard: No exchange of twelds and twelds exchange

B. The mileage, C’s vehicle standard value, actual repair cost, repair volume, and details at the time of the instant accident, and the history of the existing accident are as listed below.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 4, and evidence 6, purport of the whole pleadings]

2. Occurrence of liability for damages;

A. 1) The amount of damages when an article was damaged due to a tort shall be the cost of repair if it is possible to repair, and, if it is impossible to repair, the exchange value reduced shall be the ordinary amount of damages. Therefore, in the event there remain remaining parts for which partial repair is impossible even after repair, the exchange value reduced due to impossibility of repair in addition to the cost of repair shall be deemed as ordinary damages (see Supreme Court Decision 2001Da52889, Nov. 13, 2001). 2) In the event of an accident causing serious damage due to a serious damage, such as the destruction of a main structural frame of a motor vehicle, barring any special circumstance, it shall be deemed that there remain remaining parts for which recovery is impossible even if it is technically possible, barring any special circumstance.

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