(영문) 전주지방법원 2019.08.23 2018나3727 | 리걸엔진

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(영문) 전주지방법원 2019.08.23 2018나3727

손해배상(자)

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1. Paragraph 1 of the order of the first instance judgment, including the plaintiff's claim expanded by this court, is as follows.

Reasons

1. Basic facts

A. The Plaintiff is a person who owns a Cchip vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with the owner of a Liveter vehicle who concealed the Plaintiff vehicle as described in the following sub-paragraph.

B. On November 17, 2017, around 15:00, the Plaintiff: (a) while driving the Plaintiff’s vehicle in the Seonam Expressway as the direction of Gwangju in Daejeon, an accident occurred that the Plaintiff was protruding the Plaintiff’s vehicle in the west (hereinafter “instant accident”).

C. The Plaintiff sustained damages from the Plaintiff’s vehicle due to the instant accident, and the repair cost of KRW 9,464,070 was required.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. As a result, as a result of the instant accident, there was an irrecoverable damage on the Plaintiff’s vehicle due to the gist of the cause of the claim, the Defendant is obligated to pay KRW 6,680,390, and damages for delay calculated by subtracting KRW 1,419,610, which was paid by the Defendant from the amount of KRW 8,100,000, the exchange value of which was reduced thereby.

B. In the event that an article is damaged due to a tort, the amount of ordinary damages shall be the cost of repair if it is possible to repair the article, the amount of exchange value if it is impossible to repair the article, and the amount of exchange value reduced due to impossibility of repair shall also be the normal damages in addition to the cost of repair where a part of the article

In the event of an accident causing serious damage to the main structural part of a motor vehicle due to the destruction of the main structural part of the motor vehicle, deeming that even if the repair is technically feasible, there exists no special circumstance, it would be consistent with the rule of experience to deem that there exists no repair impossible part to restore the motor vehicle to its original state, and thereby, the damage caused by the decline in the price

In this case, there is a potential obstacle as such.

유사 판례

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