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(영문) 서울중앙지방법원 2020.11.26 2020나23645 (1)
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the vehicle at the time of the traffic accident listed in the following table (hereinafter “the instant accident”), and the Defendant is the mutual aid contractor who entered into a mutual aid agreement with respect to the instant sea vehicle that caused the instant accident.

Plaintiff

On February 12, 2014, May 26, 2019, the details of the first traffic accident at the time of the accident on the date of the initial registration of the vehicle A C, 50D2, which was stopped to turn to the left on the left at the first lane of the vehicle for the plaintiff.

B. At the time of the instant accident, the odometer, the used car price, the repair cost, the details of repair, the history of the existing accident, etc. are as listed below.

62,305km 34,900,000 won 14,000,050,000 Won 10,000,000 of the previous thinking on the part of the repair cost of the odometer value of the odometer 62,30,050,00

C. The Defendant paid the mutual aid amount of KRW 10,217,00 to the Plaintiff’s vehicle repair cost, etc. due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 5, Eul evidence 1, Eul evidence 1 and video, the result of the commission of appraisal to appraiser D by the court of first instance, the purport of the whole pleadings

2. Determination as to the cause of action

A. In the instant case, the Plaintiff’s assertion that the Plaintiff’s vehicle caused serious damage, such as major structural damage, and thereby making it impossible to repair the Plaintiff’s vehicle even after completion of its technical possible repair. As a result, the automobile price decline (so-called “satisf damage”) caused damage to the Plaintiff, the Defendant is liable to pay KRW 2,010,000 to the Plaintiff as compensation for the decline damage caused by the Plaintiff’s vehicle.

(b) When an article is damaged due to a tort, the amount of ordinary damages shall be reduced by the cost of repair if it is possible to repair it, and when it is impossible to repair it, the exchange value shall be reduced.

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