(영문) 서울중앙지방법원 2018.01.09 2015가단5091280

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(영문) 서울중앙지방법원 2018.01.09 2015가단5091280

손해배상(자)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of CD vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with respect to the Plaintiff vehicle.

B. On October 28, 2014, the Plaintiff was driving the Plaintiff’s vehicle in the vicinity of “F” located in Osan City, Ma on October 28, 2014. However, G vehicles that followed the Plaintiff’s vehicle was involved in an accident that led to the Plaintiff’s vehicle.

(hereinafter “instant accident”) (hereinafter “instant accident”) / her without dispute, Gap evidence 7-1 and 2, and the purport of the entire pleadings

2. The plaintiff's assertion as to the cause of claim

A. The Plaintiff repaired the Plaintiff’s vehicle due to the instant accident.

However, even after repair, there was a non-repairable part, such as the reduction of the use period, function, and aesthetic impairment, and the existence of the accident history, which caused the decline in the exchange value (hereinafter “explosion damage”).

The fall damage is an ordinary or foreseeable special damage caused by a traffic accident.

B. In order to calculate the amount of loss caused by the death of the Plaintiff’s vehicle, the amount of loss caused by the death was calculated as KRW 6,292,520 as a result of requesting the appraisal of the Plaintiff’s automobile professional engineer, and the amount was also calculated as KRW 330,000 for the appraisal cost.

C. The Defendant is obligated to pay the Plaintiff damages amounting to KRW 6,622,520 ( KRW 6,292,520 + KRW 330,000) and damages for delay.

3. Determination

A. (i) The amount of damages when a product is damaged due to a tort shall be the repairing cost if it is possible to repair it; and if it is impossible to repair it, the reduced exchange value shall be the ordinary amount of damages.

Where part of repair is not possible even after repair remains, the reduced value of exchange due to the impossibility of repair in addition to the repair cost falls under ordinary damages.

Supreme Court Decision 200

유사 판례

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-대법원 1992. 2. 11. 선고 91다28719 판결

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