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(영문) 서울중앙지방법원 2016.12.08 2015가단5320384
손해배상금 청구의 소
Text

1. The Defendant’s KRW 13,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 17, 2015 to December 8, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the owner of two-wheeled vehicle B (hereinafter “victimd vehicle”), and the Defendant is the insurer who entered into an automobile insurance contract containing physical compensation of KRW 200 million per one accident between C and C with respect to D automobiles owned by C (hereinafter “victims”).

B. On July 13, 2015, at around 10:20, C driven a sea-going vehicle and neglected to take care of the back the sea-going vehicle from the long distance in the front of the tomb road located in Jongno-gu Seoul Changdong, Jongno-gu, Seoul, caused an accident where the front wheel part of the Plaintiff’s damaged vehicle, who was waiting for the signal, was driven by a sea-going vehicle and damaged the damaged vehicle (hereinafter “instant accident”).

[Ground of recognition] Unsatisfy, Gap evidence 1, 3 (including branch numbers in case of additional number), Eul evidence 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above fact of recognition of the liability for damages, the defendant is liable for damages sustained by the plaintiff who is the owner due to the damage of the damaged vehicle caused by the accident in this case as the insurer of the damaged vehicle under Article 724(2) of the Commercial Act.

B. The scope of liability for damages (1) the cost of repairing costs was significantly borne by the exchange price of the damaged vehicle at the time of the accident.

Even if it is possible to claim damages only from the exchange price at the time of the accident, the remainder after deducting the cost of the article(s) from the exchange price at the time of the accident.

Even if it is reasonable to purchase or use a vehicle in the immediately preceding state of damage, it shall be deemed impossible to repair in an economic aspect, and it shall be consistent with the concept of fairness above the compensation system.

For this reason, in case of the need for the repair cost higher than the exchange price, if there is a victim who is hard to repair, this is based on the network.

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