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(영문) 서울서부지방법원 2016.11.17 2016나31514
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid under paragraph 2 shall be revoked, and above.

Reasons

1. The reasons why the cited part of the party members explained about this case are as follows: Defendant C of the judgment of the first instance; Defendant C of the judgment of the fourth instance as “42,376,704”; and 3.B of the judgment of the fourth part as “42,376,704.”

The two parts of the judgment are used as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for adding the judgment on offsetting negligence, and they are cited as it is by the main sentence of Article 420 of the Civil Procedure

2. Parts to be dried;

A. Even after the repair is completed, the amount of damages when owned property was damaged due to a tort that finds that the value of the instant vehicle is reduced shall be the repair cost if it is possible to repair it. 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 constitute ordinary damages (see, e.g., Supreme Court Decisions 91Da28719, Feb. 11, 1992; 2001Da52889, Nov. 13, 2001; 2001Da52889, Nov. 13, 2001).

(2) If such damage is ordinarily foreseeable, it shall not be deemed that such damage is ordinarily foreseeable.

(See Supreme Court Decision 81Da8 delivered on June 22, 1982). Based on these legal principles, according to the results of appraisal by the appraiser F of the first instance trial, the above appraiser is vulnerable to minor transformation of the panel when operating the automobile in this case for a long time after completion of repair, decrease of the seal strength of the panel, noise generation and corrosion caused by vibration, deterioration of durability, etc. are vulnerable to repair impossibility. In addition, when considering the degree of shock caused by an accident to the degree of shock, the impact caused by vibration has a significant impact on many parts requiring precision in addition to the direct repair part, and the causes of breakdown are expected to be significantly affected later.

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