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(영문) 서울중앙지방법원 2016.08.23 2014가단5181612
손해배상(기)
Text

1. The defendant stated the plaintiffs in the "amount claimed" in the attached Form of the accident statement in the "amount of loss caused by death" and the amount stated in the "amount of damage."

Reasons

1. Basic facts

A. The Plaintiffs, as the owners of each motor vehicle indicated in the separate sheet of accident, destroyed their own motor vehicles due to each traffic accident by the Defendant insured vehicle (the “accident site” indicated in the separate sheet of accident specifications) by each of the Defendant insured vehicles, which is the sea-going motor vehicles indicated in the separate sheet of accident specifications (the “accident site” indicated in the separate sheet of accident specifications; hereinafter “each of the instant traffic accidents”).

B. The Defendant paid insurance money to the insurer who entered into a comprehensive automobile insurance contract with the owner of each of the above Libers. However, as the Plaintiffs sought, the Defendant did not separately calculate and pay the insurance money incurred by the failure to recover the damage before the occurrence of the accident even after the repair due to each of the instant traffic accidents.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 16, purport of the whole pleadings]

2. The parties' assertion

A. (1) The Plaintiffs asserted that their vehicles were destroyed and repaired due to each of the instant traffic accidents.

(2) Even after completion of repair due to each of the instant traffic accidents, the Plaintiffs’ automobile did not restore the same state as before the accident occurred. Accordingly, damage corresponding to the decline in the exchange value even after the repair is completed, and the damage is likely to occur immediately at the time of occurrence of each of the instant traffic accidents.

(3) In order to calculate the decline in the value of each of the instant vehicles remaining after repair, the Plaintiffs requested a vehicle engineer with legal qualifications to conduct an appraisal, and such appraisal cost also occurred due to each of the instant traffic accidents. Therefore, the Defendant is deemed to have assessed the Plaintiffs as a decline in the exchange value.

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