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(영문) 서울남부지방법원 2015.09.15 2014가단217550
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts are based on the facts that Plaintiff A et al., Plaintiff B et al., Plaintiff B et al., Plaintiff C et al., Plaintiff D et al., Plaintiff D et al., Plaintiff C et al., Plaintiff C et al., Plaintiff HG, Plaintiff HG et al., Plaintiff G et al. (hereinafter collectively referred to as “instant vehicle”) are owners of the NK7 passenger cars, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with the instant automobile accident (hereinafter collectively referred to as “instant accident”), with respect to each of the instant automobile accident (the foregoing accident was combined with all of the following accidents). The fact that the Defendant is the insurer who entered into the instant comprehensive automobile insurance contract with the Plaintiffs and the Defendant did not dispute each other, or that the entire purport of the arguments in each of subparagraphs 1 through 7 and 2, respectively, may be acknowledged.

2. Determination as to the cause of claim

A. While the Plaintiffs, which caused the instant accident, repaired the parts destroyed by the instant accident, the Plaintiffs suffered damages that could not be restored to their original state, such as the reduction of the use period, the functional and aesthetic impairment, and the decline in exchange value due to the accident power, and thus, the Defendant is liable to pay the Plaintiffs insurance money equivalent to the amount stated in the claim for the relevant damages.

B. In a case where an article was damaged by a tort in the relevant legal doctrine, the damage shall be deemed to be the repair cost, if possible, and the decrease in the exchange value shall be deemed to be ordinary damages, and where it can be repaired, the damage caused by the decline in exchange value in addition to the repair cost shall be deemed to be the special damage.

(See Supreme Court Decision 81Da88 delivered on June 22, 1982, and Supreme Court Decision 91Da42883 delivered on March 10, 1992, etc.). C.

As shown in the plaintiffs' assertion on the occurrence of irrecoverable damages, each of the items of No. 1 through No. 7 No. 4 in the evidence No. 1 through No. 7 was prepared by the mandatory delegated by the plaintiffs for the plaintiffs, and it was lost due to the contents of and damage to the damage that cannot be repaired by the accident of this case.

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