beta
Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order for payment shall be revoked, and that part shall be revoked.
Reasons
1. On January 8, 2019, the first registration date and time of the registration number of the vehicle involved in the basic fact of the accident C Coco or on September 10:15, 2017, the front part of the instant vehicle was shocked by a sea-going vehicle running in the direction of the pine distance from the front right side of the instant vehicle, while the instant vehicle was located in the direction of the pine distance from four lanes near the 1653-lane East Dong-dong, Daejeon-dong, Dongdong-dong, Daejeon to the direction of the pine distance from the front side of the instant vehicle.
The Plaintiff, as the owner of a passenger vehicle indicated in the “automobile column” as indicated below (hereinafter “instant vehicle”), suffered damages from the instant vehicle’s destruction due to a traffic accident indicated in the “accident column” as indicated below (hereinafter “instant accident”).
B. The Defendant paid KRW 8,97,600 to the Plaintiff as insurance money for the damage of the instant vehicle, as an insurer who entered into a comprehensive automobile insurance contract with respect to the instant vehicle for the damage caused by the instant vehicle. Of the above insurance money, the amount related to the decline damage of the instant vehicle is KRW 698,400.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings
2. The parties' assertion
A. Due to the Plaintiff’s assertion, the part of the instant vehicle, which was technically possible after completing repair due to serious damage, such as destruction of major structural parts, etc., was left unreparable, and the resulting damage to the price decline of the instant vehicle (so-called “satisfe damage”). As such, the Defendant, who is the insurer of the instant vehicle, is liable to pay the Plaintiff KRW 837,00 (Appraisal Price 4,50,000 - 3,63,000) and damages for delay.
B. The defendant's assertion that the vehicle of this case suffered significant damage on major structural parts due to the accident of this case, and the appraiser of the court of the first instance is due to price decline.