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(영문) 서울중앙지방법원 2020.11.12 2020나27661
손해배상(기)
Text

All appeals by the plaintiffs are dismissed.

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 shared 1/2 shares of the damaged vehicle (hereinafter “Plaintiffs”) in the traffic accidents listed in the following table (hereinafter “instant accident”).

The Defendant is an insurer who has concluded the automobile insurance contract at the time with respect to the instant sea vehicles causing the instant accident.

On March 7, 2018, the details of the traffic accident at the time of the first registration date of the Plaintiffs’ damaged vehicle ADD on March 6, 2018, when the Lives Vehicle 18:10 on August 6, 2019 was concealed from the preceding vehicle in the vicinity of Bupyeong-gu Incheon Bupyeong-gu, Incheon, and caused a mid-to-mid-yearly drilling accident. The Plaintiffs are located in the front and last place of the vehicle.

B. The Defendant paid insurance money of KRW 6,301,30 to the Plaintiffs due to the repair cost of the Plaintiffs’ vehicle due to the instant accident.

C. At the time of the instant accident, the mileage, new car price, average market price, standard repair cost, repair cost, repair volume and details of the Plaintiffs’ vehicle, previous accident history, etc. are as listed below.

The average trial price of odometer 21,950km 14,39,000 won 11,73,750,000 won 5,450,000 won cl4,9,39,00 won 11,73,750 won cl. c. c., c. c. c. c., c. c. c. c., exchange of g. c. c. c. c. c., L. c. c., L. c. c. c., L. c. c. c., L. c. c. c. c., L. c. c. c., L. c. c. c., L. c. c., L. c. c. c., exchange of L. c. c

D. The Defendant paid the Plaintiffs KRW 502,480 in total, each of KRW 251,240, as compensation for the loss caused by death.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 4, 2-4, 3-4, 5-4 of evidence Nos. 1-2 and video, result of the first instance court’s entrustment of appraisal, the purport of the whole pleadings

2. The plaintiffs' vehicle due to the accident of this case caused serious damage, such as destruction of major structural parts, etc., and thus, it became impossible to repair the plaintiffs' vehicle due to its technical completion of repair which is not restored to its original state.

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