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(영문) 서울중앙지방법원 2020.05.29 2019나54766
손해배상(기)
Text

1. Of the part against Plaintiff A and C in the judgment of the first instance, Plaintiff A and the part against which additional payments are ordered below.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of each vehicle listed in the column for the vehicle in the separate sheet.

(B) However, in the case of Plaintiff C, the lessee acquired the claim for the instant loss from the lessee company with the leased vehicle.

The above vehicles were damaged due to each traffic accident listed on the date of the accident in the attached list, and there is no argument that the plaintiffs' vehicles are at fault of the plaintiff vehicle as the damaged vehicle.

C. The Defendant concluded an automobile insurance contract with respect to each of the above traffic accidents, and paid KRW 12,060,000 to the Plaintiff A at its repair cost, KRW 3,450,000 to the Plaintiff B, and KRW 6,710,00 to the Plaintiff C.

【Ground of recognition】 Facts without dispute, entries in Gap evidence 1, 2, 3, and 6 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs alleged by the plaintiffs as to the major accidents of this case

Since serious damage was inflicted on the pelvis and the outer upper part, and the vehicle's appraised value decreased accordingly, the defendant is liable to compensate the plaintiffs for the damage caused by the decrease of exchange values.

determining the amount of such damages, the principal

It argues that both alley and an outer board should be calculated as a price decline damage.

As to this, the defendant does not have the parts that are impossible to repair in the case of the plaintiffs' vehicles, and even if the accident occurred, it is important that the accident occurred.

It can be claimed that only the non-repairable part due to the destruction of the pelvise shall be assessed as the damage of the pelvise, and that the market price of the main outer part shall be excluded.

(b) In the event that a motor vehicle involved in the determination of liability for damages caused by a decline in the exchange value causes serious damage to the main structural frame of the engine or body due to an accident, it shall not be restored even if technically feasible repairs are completed, unless there are special circumstances.

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