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(영문) 대구지방법원 2017.08.30 2017나304121
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is the owner of B-End vehicle B (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who concluded the automobile insurance contract with respect to C vehicle (hereinafter “Defendant vehicle”).

B. On December 31, 2015, around 18:36 on December 31, 2015, the driver of the Defendant vehicle shocked the back part of the Plaintiff vehicle, which was in the signal atmosphere, in front of the Defendant vehicle, in front of the front part of the Defendant vehicle.

(hereinafter referred to as “instant accident”). C.

The instant accident caused damage to the Lane Panel, Liberer, Twiter, Twitl, etc. of the Plaintiff’s vehicle, and the repair cost of KRW 6,546,391 [The technical cost of KRW 3,63,63,63, technical cost of KRW 2,912,728, and the vehicle appraisal report (Evidence 6) submitted by the Plaintiff] was required.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. The plaintiff's main structural part of the plaintiff's vehicle was damaged due to the accident in this case, resulting in a drop in its exchange value of KRW 2,436,50 even after completion of repair. The defendant is liable to pay the plaintiff the above damages amounting to KRW 2,436,550 and delay damages.

3. Determination

A. When an article is damaged by a tort due to the relevant legal doctrine, the amount of ordinary damages shall be the cost of repair if it is possible to repair, the amount of decrease in the exchange value if it is impossible to repair, and the amount of decrease in exchange value due to impossibility of repair in addition to the cost of repair where a part of repair remains after repair.

(See Supreme Court Decision 91Da28719 delivered on February 11, 1992, and Supreme Court Decision 2001Da52889 delivered on November 13, 2001). However, in a case where an accident causing serious damage to a motor vehicle due to its major structural frame is destroyed or damaged, barring any special circumstance, it is impossible to restore the relevant motor vehicle to its original state, even if its repair is technically possible.

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