logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.28 2016나2955
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3...

Reasons

1. Basic facts

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 C (hereinafter “Defendant’s vehicle”).

B. On June 28, 2013, around 18:25, the Defendant paid KRW 9,874,183 as insurance money at the repair cost of the Plaintiff’s vehicle due to the foregoing accident (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the plaintiff's assertion 1) The plaintiff claimed that the plaintiff should pay 3,343,708 won and delay damages to the plaintiff due to the accident in this case, since it is obvious that the plaintiff, the owner of the vehicle, suffered a loss in the value of the vehicle due to the accident in this case, and the defendant should pay damages to the plaintiff 3,343,708 won and delay damages to the plaintiff, since the plaintiff merely accepted the main structural parts of the plaintiff 1's vehicle, it cannot be recognized as a loss in value solely on the ground that the defendant merely accepted the main structural parts of the plaintiff 1's vehicle.

B. The amount of damages when the property owned by the tort is damaged shall be the cost of repair if it is possible to repair it, and if it is impossible to repair it, the reduced value of exchange shall be the ordinary amount of damages.

Even after repair remains, the reduced value of exchange due to the impossibility of repair in addition to the repair cost shall also fall under ordinary damages.

arrow