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(영문) 서울중앙지방법원 2020.07.03 2019나55684
손해배상(자)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is the owner of C vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who concluded an automobile insurance contract with respect to D vehicle (hereinafter “Defendant vehicle”).

B. At around 18:20 on June 16, 2018, the Defendant vehicle concealed the back part of the Plaintiff vehicle in the vicinity of whether it is a human body for interesting in the Gyeong Highway.

(hereinafter referred to as “instant accident”). C.

On July 30, 2018, the Defendant paid KRW 522,00 to the Plaintiff 52,00 as the cost of repairing the Plaintiff’s vehicle due to the instant accident.

After that, in order to repair the Plaintiff’s continuously generated vibration and noise on the Plaintiff’s vehicle, the Plaintiff spent KRW 253,880 as the repair cost on July 25, 2018, KRW 253,880, ② 44,000 as the repair cost on August 24, 2018, ③ 120,000 as the repair cost on hub links, and KRW 120,00 as the repair cost on February 18, 2019.

[Ground of recognition] Evidence No. 1, Evidence Nos. 58 through 60, Evidence Nos. 3 and 4, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s parts were damaged due to the instant accident, thereby causing vibration and noise on the Plaintiff’s vehicle. Accordingly, the Plaintiff suffered damage equivalent to the repair cost, and the Defendant, the insurer of the Defendant, is obligated to pay the Plaintiff the amount of damages calculated in consideration of depreciation following the period of operation of the Plaintiff’s vehicle out of the total repair cost incurred by the Plaintiff, as well as damages for delay.

B. The Plaintiff’s vehicle’s vibration and noise do not have a causal relationship with the instant accident, and the Defendant is not liable to compensate the Plaintiff.

3. Determination

A. According to the foregoing evidence and the court’s entrustment of appraisal to appraiser E, according to the overall purport of the pleadings, the instant accident occurred due to the Plaintiff’s Hubling and E-Slive Pream, and the Plaintiff’s active link was partly damaged.

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