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(영문) 서울중앙지방법원 2020.07.22 2019나63036
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of the automobiles indicated as “type / registration number” as indicated below (hereinafter “each of the instant vehicles”), and are those who suffered damage to each of the instant vehicles due to a traffic accident entered as “accident” on the date indicated as “date of the accident” as indicated below (hereinafter “each of the instant accidents”).

A B CF DE H I J K L

B. The Defendant, as an insurer who entered into a comprehensive automobile insurance contract with respect to each of the instant vehicles, paid the Plaintiffs the money stated in the said Table as the insurance money for the damage of each of the instant vehicles.

(However, the plaintiffs paid only the remainder of the damages except for the decline in the prices of automobiles claimed by the plaintiffs). [Grounds for recognition] The fact that there is no dispute, each entry of Gap Nos. 1 through 6 (including numbers, hereinafter the same shall apply) and the purport of the whole pleadings.

2. The assertion and judgment

A. Due to the accident in each of the instant claims by the Plaintiffs, each of the instant vehicles has suffered serious damage, such as destruction of major structural parts, and thus, it became impossible to repair the instant vehicle, which was technically possible to restore to its original state. As a result, the damages caused by the fall in the price of the instant vehicle (so-called “satise damage”), so the Defendant, the insurer of the instant vehicle, is obligated to pay the amount claimed to the Plaintiffs as compensation for the fall damage of each of the instant vehicles.

B. 1) Liability for damages caused by a tort, when an article was damaged due to a decline in exchange value, the amount of ordinary damages is to be repaired if it is possible to repair, and the exchange value is to be reduced if it is impossible to repair, and in a case where part of repair is not possible after repair remains, the amount of decrease in exchange value due to a failure to repair, in addition to the repair cost, constitutes ordinary damages (see Supreme Court Decisions 91Da28719, Feb. 11, 1992; 91. Nov. 1, 2001>

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